Brief Fact Summary
Plaintiff leased property from defendant. When plaintiff went to take possession of the property he found that the property was already possessed. The Plaintiff sued the defendant requiring him to provide possession to the plaintiff.

Rule of Law and Holding
Under the American rule,the landlord is not bound to put the tenant into actual possession, but is bound only to put him in legal possession, so that no obstacle in the form of superior right of possession will be interposed to prevent the tenant from obtaining actual possession of the demised premises. If the landlord gives the tenant a right of possession he has done all that he is required to do by the terms of an ordinary lease, and the tenant assumes the burden of enforcing such right of possession as against all persons wrongfully in possession, whether they be trespassers or former tenants wrongfully holding over.

Topics
Landlord/Tenant