Nichols v. Williams
Court for the Trial of Impeachments and Correction of Errors
On certiorari to John Willard, Esq., one of the judges of the court of 0. P. of the county of Washington. Williams, on the 3d of April, 1826, presented a petition to judge Willard, alleging that Nichols was his (W’s) tenant at will, that he had given Nichols 3 months notice to quit; and praying a summons according to the act of April 13fch, 1820, (sess. 43, ch. 194, p. 176.) The judge granted a summons returnable the 7th of April, 1826. *The parties then appeared; and…
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On certiorari to John Willard, Esq., one of the judges of the court of 0. P. of the county of Washington. Williams, on the 3d of April, 1826, presented a petition to judge Willard, alleging that Nichols was his (W’s) tenant at will, that he had given Nichols 3 months notice to quit; and praying a summons according to the act of April 13fch, 1820, (sess. 43, ch. 194, p. 176.) The judge granted a summons returnable the 7th of April, 1826. *The parties then appeared; and Nichols made oath that he did not hold or claim the premises contrary to any agreement between him and Williams.- A jury was…
1Opinion of the Court
Curia, per SAVAGE, Oh. J.
By the 9th section of the statute of frauds, (1 R. L. 78,) all leases, &c., of land created by parol, shall have the force and effect of leases or estates at will only. The payment of rent proves a tenancy. And as nothing appears in relation to the terms of holding, the defendant cannot be presumed to have a greater estate than a tenancy at will. In an action of ejectment, possibly this might be considered a tenancy from year to year, for the purpose of a notice to quit. (4 Cowen, 350.) For every other purpose, tenancies at will retain their true character. Nichols,…
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