Attorn

To turn over; to transfer to another money or goods; to assign to particular use or service. Kennet, Paroch.

Antiq. 283.

Used of the part taken by the tenant in a transfer of lands; 2 Bla. Com. 388; Litl used of assent to such a transfer; 1 Washb. R. P. 28. The lord could not alien his land without the consent of the tenant, nor could the t' without the consent of his lord; 2 Bla. Com Spence, Eq. Jur. 137; 1 Washb. R. P. 28, n. Attornment is abolished by various statutes; 1 Washb. R. P. 330; Wms. R. P. 2S8, 3C6. Attornment is the acknowledgment by a tenant of a new landlord on the alienation of the land and an agreement to I tenant of the purchaser; Lindley v. Dakin. 13 Ind. 388. The attornment of a tenant to a str Without consent of the landlord is void; Terry v. Terry, 66 S. W. 1024, 23 Ky. L. Rep. 2242; Blauchard v. Tyler. 12 Mich. 339, 86 Am. Dec. 57; Perkins v. Potts, 53 Neb. 444, 73 N. W. 93ft The doctrine of attornment grew out of the peculiar relations existing between the landlord and his tenant under the feudal law, and the reasons for the rule never had any existence in this country, and is inconsistent with our laws, customs and institutions. Beyond its application to estop a tenant from denying the title of his landlord, it can serve but little, if any. useful purpose; Perrin v. Lepper, 34 Mich. Recognition by the tenant of the assignee of the landlord and payment of rent to him are a sufficient attornment; Bradley 4 Co. v. Coal Co., 99 111.

App. 427; Cummli Smith, 114 111.

App. 35; and so is ta lease from the landlord's grant e, _ od from the beginning of accumulations of rent in arrear; Pelton v. Place, 71 Yt 430, 4<:> Atl. 63. A conveyance of the leased land i to the purchaser the right to collect the rent, and the tenant cannot prevent it by refusing to attorn to him; Edwards v. Clai Mich. 246, 47 N. W. 112, 10 L. R. \. 659; nor can the tenant dispute his landlord's title and attorn to another while in p sion under the lease, and if he desires, after his term expires, to contest his landlord's title, he must first surrender the posa to him; Mc Dowell v. Sutlive.

7s 6a. 142, 2 S. E. 937; Grizzard v. Roberts. 110 Ga. 41, 35 S. E. 291; Stover v. Davis. 57 W. Va. 198, 49 S. E. 1023.

Attornment is not necessary to entitle an assignee of the landlord to demand paj of the rent and to dispossess the tenant; Wetterer v. Soubirous, 22 Misc. 739, 49 X. Y. Supp. 1043; Willis v. llarrell, lis Ga. 90S, 45 S. K. T'.U. Where there is a statute authorizing summary proceedings by the assignee, etc., of the landlord, the latter cannot maintain them after a conveyance of the deings may be instituted against the tenant of his grantor by the grantee of the landlord; Doner v. Ingram, 119 Mo. App. 156, 95 S. W. 983; Small v. Clark, 97 Me. 304, 54 Atl. 75S; or by an assignee of the lease; Drew v. Mosbarger, 104 111.

App. 635.

It has been held that the action in such cases could not be brought by the purchaser in his own name, but in the name of the vendor for his use; Cooper v. Gambill, 146 Ala. 184, 40 South. 827; and also that a tenant may resist a warrant for forcible detainer brought by one under whom he did not enter; Gray \.

Gray. 3 Litt. (Ky.) 468.

To transfer services or homage. Used of a lord's transferring the homage and service of his tenant to a new lord.

Bract. 81, 82; 1 Sullivan, Lect. 227. ATT0RNAT0 FACIENDO VEL RECIPI- ENO0.

A writ to command a sheriff or steward of a county court or hundred court to receive and admit an attorney to appear for the person that owes suit of court.

Fitz. N. B. 349.