O’Donnell v. McIntyre, 118 N.Y. 156 (1890)

An attornment by a tenant to a purchaser of a tax title is void because the tax title purchaser is considered a stranger to the original landlord’s title.

Summary

This case addresses the validity of a tenant’s attornment to a tax title purchaser without the landlord’s consent. The New York Court of Appeals held that such attornment is void. The court reasoned that a tax title purchaser obtains title from the state, not from the original owner, and therefore, there is no privity between them. Because the tax title purchaser is a stranger to the original owner, the tenant’s attornment is invalid and does not affect the landlord’s possession. This decision clarifies the relationship between tax titles and existing tenancies, protecting landlords from losing possession due to unauthorized agreements.

Facts

The plaintiff, O’Donnell, owned property that was leased to a tenant named Bates. The defendant, McIntyre, obtained a tax title to the property and subsequently, Bates, the tenant, attorned to McIntyre. O’Donnell then brought suit, claiming McIntyre had no right to possession because Bates’ attornment was invalid.

Procedural History

The trial court instructed the jury that O’Donnell, as the original owner, had the right to use reasonable force to retain possession and eject McIntyre and that McIntyre had no right to remain after being told to leave. The defendant appealed, arguing that Bates’ attornment to McIntyre was valid. The Court of Appeals reviewed the trial court’s judgment.

Issue(s)

Whether the attornment of a tenant to a purchaser at a tax sale, without the consent of the landlord, is valid and affects the landlord’s possession.

Holding

No, because a purchaser at a tax sale is considered a stranger to the original owner’s title; therefore, the tenant’s attornment is void.

Court’s Reasoning

The court relied on a New York statute stating that “the attornment of a tenant to a stranger shall be absolutely void and shall not in any way affect the possession of his landlord” unless the landlord consents, it is pursuant to a judgment, or it is to a mortgagee after foreclosure. The court emphasized the distinction between a “stranger” and someone in “privity” with the original owner. It stated, “By privity is meant the mutual or successive relationship to the same rights of property…”. The court reasoned that a tax title purchaser obtains title from the state, not from the original owner, establishing no privity between them. The court quoted Becker v. Howard, 66 N.Y. 5: “The purchaser is not subjected to any of the inconveniences of the old title, nor can he take any advantage from it. Covenants running with the land do not bind him, nor do him any good.” Because the tax title purchaser acquires the land free from prior encumbrances and obtains title from the state’s taxing power, they are considered a stranger to the original owner. Thus, the tenant’s attornment to the tax title purchaser was void, and the landlord’s right to possession remained unaffected. The court distinguished Hubbell v. Weldon, noting that privity and attornment were not issues in that case. The ruling protects the original landlord’s possessory rights against unauthorized actions by tenants who attorn to tax title purchasers.