Legal Opinion

Hilbourn v. Fogg

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 25 opinions

Tort in the nature of trespass qua/re clausum fregit against Charles Fogg, Martha McGrath, and two others. At the trial in the superior court, before Reed, J., the plaintiff offered evidence tending to show that McGrath was tenant at will of a dwelling-house in Charlestown, and the plaintiff was in occupation of a room therein, as a tenant at will under McGrath, for a rent payable weekly, and had paid the rent to January 10, 1866; that, on January 11, McGrath made a written…

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Tort in the nature of trespass qua/re clausum fregit against Charles Fogg, Martha McGrath, and two others. At the trial in the superior court, before Reed, J., the plaintiff offered evidence tending to show that McGrath was tenant at will of a dwelling-house in Charlestown, and the plaintiff was in occupation of a room therein, as a tenant at will under McGrath, for a rent payable weekly, and had paid the rent to January 10, 1866; that, on January 11, McGrath made a written lease of the room, to Fogg for six months; and that, after giving the plaintiff, on that day, written notice of this…

1Opinion of the CourtGray, J.

The well settled rule of law, by which a tenant who has entered into possession under an oral lease is estopped, eo long as he continues in possession under the lease, to deny *12the lessor’s title at the time of making the lease, as against the lessor, his heirs and assigns, is founded on the injustice of allowing a person, who has obtained possession by admitting the title of another, to deny that title and, in case of failure in proof of it, hold the premises himself. The rule holds good where the actual title of the lessor is that of a mere tenant at will, and applies in every form of action…

2Cases cited1 opinion

  1. Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867

3Cited by25 opinions

  1. Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
  2. Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
  3. McGuffie v. CarterMichigan Supreme Court · 1880
  4. Emmes v. FeeleyMassachusetts Supreme Judicial Court · 1882
  5. Howard v. McKenzieTexas Supreme Court · 1880

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