“That he will not assign, etc.,” and “that he will leave the premises in good repair.” (§ 55-77)—Virginia Decoded

“That he will not assign, etc.,” and “that he will leave the premises in good repair.”

In a deed of lease a covenant by the lessee that “he will not assign without leave” shall have the same effect as a covenant that the lessee will not, during the term, assign, transfer or set over the premises, or any part thereof, to any person without the consent, in writing, of the lessor, his representative or assigns. And a covenant by him that “he will leave the premises in good repair” shall, subject to the qualifications of § 55-226, have the same effect as a covenant that the demised premises will, at the expiration or other sooner determination of the term, be peaceably surrendered and yielded up unto the lessor, his representatives or assigns, in good and substantial repair and condition, reasonable wear and tear excepted.

History

Code 1919, § 5179.

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Court Decisions

. . . Alfred Coles v. C. C. Peyton, Superintendent of the Virginia . . . (Court of Appeals for the Fourth Circuit, 01/08/68)
. . . Powell v. State of Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932) . . .

. . . Claude O. Jones, Jr. v. W. K. Cunningham, Jr., . . . (Court of Appeals for the Fourth Circuit, 01/03/62)
. . . v. State of Alabama, 287 U.S. 45, 69, 53 S.Ct. 55, 77 L.Ed. 158 (1932). While in noncapital cases . . .

. . . Claude O. Jones, Jr. v. W. K. Cunningham, Jr., . . . (Court of Appeals for the Fourth Circuit, 01/16/63)
. . . State of Alabama, 287 U.S. 45, 58-59, 53 S.Ct. 55, 77 L.Ed. 158 (1932); Avery v. State of Alabama, . . .

Stonebreaker v. Smyth (Court of Appeals for the Fourth Circuit, 08/20/47)
. . . Powell v. State of Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527; Williams v. . . .

United States v. Joe Hill and Luther Dew (Court of Appeals for the Fourth Circuit, 11/24/62)
. . . case in Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932). We find no merit in . . .

Mitchell v. Youell (Court of Appeals for the Fourth Circuit, 10/07/42)
. . . . 859; Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527; Boyd v. . . .

Robert E. Jones v. Hugh F. Rivers, Donald Clemmer (Court of Appeals for the Fourth Circuit, 11/04/64)
. . . Cf. Powell v. Alabama, 287 U.S. 45, 60, 53 S.Ct. 55, 77 L.Ed. 158 (1932), where the Supreme Court . . .

. . . Willie Holly v. W. Frank Smyth, Jr., Superintendent of the . . . (Court of Appeals for the Fourth Circuit, 06/03/60)
. . . . State of Alabama, 1932, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158; Williams v. Kaiser, 1945, 323 U.S. . . .

. . . Percy Detoro v. Vernon L. Pepersack, Warden of the Maryland . . . (Court of Appeals for the Fourth Circuit, 04/15/64)
. . . Powell v. State of Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932), and culminating in . . .

United States v. Ronald Richard Fisher (Court of Appeals for the Fourth Circuit, 04/20/73)
. . . Powell v. Alabama, 287 U. S. 45, 57, 53 S.Ct. 55, 77 L.Ed. 158 (1932); Stokes v. Peyton, 437 F.2d . . .

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