
    LONGWORTH’S LESSEE v. WOLFINGER, ET AL.
    Tenant must surrender possession to landlord — disclaimer of landlord’s title — adverse possession.
    It is well settled that a tenant must restore the possession of premises held as such, to his landlord, before he can set up a title in a stranger.
    A disclaimer of the landlord’s title, and holding over may create an adverse possession.
    The possession of an heir, or of the personal representative, is not adverse to that of the ancestor.
    Ejectment for the south half of lot one hundred, in Cincinnati. The plaintiffs derived title from the heirs of Isaac Ludlow, and proved that the defendants entered into possession under the owner as his tenants, and then rested.
    The defendants offered evidence to show a sale by the administrators of Ludlow for the intestate’s debts, a deed by the administrators, and a sale by the purchaser to third persons. ■
    
      King and.Storer, for plaintiff,
    objected to this as incompetent, and cited 1 Pet. R. 44; 5 Pet. R. 484.
    
    
      V. Worthington, contra, was stopped,
   By the Court.

It is well settled that a tenant must first restore his landlord’s possession, before he can set up an outstanding title to property occupied as a tenant. The case in 3 Peters, 44, creates an exception to this rule; but the case on trial is not within that exception. In that case, there had been a disclaimer of the landlord’s title, and an adverse possession. The right to sell by the representative of the personalty, is not an adverse title to that of the intestate, but the same title. The testimony is excluded.

Verdict for the plaintiff.

Motion for a new trial overruled.  