
    No. 85
    WHEELER v. NIMS, et al
    Franklin County Court of Appeals
    No. 971,
    May, 1922
    For full opinion see Columbus Daily Law Reporter, Aug. 28, 1922.
    LEASES — (1) Validating a defective lease by recital in a subsequent lease — (2) Relief afforded by a court of chancery.
    Attorneys — Henry A. Williams, for Wheeler; Thomas M. Bigger and S. A. Sharp, for Nims; and Oscar W. Newman, and Hedges, Hoover & Tingley, for the Kibler Co.
   ALLREAD, J.

Epitomized Case

Defendant Nims was the holder of a duly executed 99-year lease of Columbus property and the Kibler Co., a defendant, held a duly recorded prior 10-year defectively executed lease of part of the same premises of which Nims had actual notice at the time he negotiated for and obtained his lease. There was a recital in the 99-year lease, referring to the Kibler lease. The Appellate Court held:

1. The affirmation and recognition of the defective lease of the Kibler Co. by the lessee in the 99-year lease had the effect of validating it and estopping both parties from denying its validity.

2. The lessor was under a moral obligation to protect the Kibler lease in any subsequent conveyance, and this obligation to protect and make good the lease is recognized as such in a court of equity- This they attempted to do by inserting a validating recital in the 99-year lease, and a court of chancery should recognize the validity of the prior defective lease and afford as full relief against the 99-year lease as it would originally have exercised against the lessors.

Decree in favor of the Kibler Company.  