Phillips v. Covert
New York Supreme Court
THIS was an action of trespass. The declaration contained three counts: 1. For breaking and entering the close of the plaintiff, and treading down and destroying the grass, &c. 2. For breaking and entering the plaintiff’s close, and cutting down his trees, &c. 3. For breaking and entering the close of the plaintiff, and taking and carrying away the goods and chattels of. the plaintiff, &c. Plea, not guilty.
Read the full summary
THIS was an action of trespass. The declaration contained three counts: 1. For breaking and entering the close of the plaintiff, and treading down and destroying the grass, &c. 2. For breaking and entering the plaintiff’s close, and cutting down his trees, &c. 3. For breaking and entering the close of the plaintiff, and taking and carrying away the goods and chattels of. the plaintiff, &c. Plea, not guilty. The cause was tried at the Duchess circuit, August, 1809, before Mr. Justice Spencer. A witness for the plaintiff testified, that about ten years ago, he surveyed lot No. 2. in Phillips's…
1Opinion of the Court
[Kent, Ch. J.
The statute of frauds defines an estate at will. Tenancies at will are now held to be estates from year to year, merely for the sake of a notice to quit. As to every other purpose, they are regarded as mere tenancies at will.]
Here was a letting without any determinate period of time, and rent reserved. It was, therefore, a tenancy for years;‡ and the tenant was entitled to notice to quit, ■> . . , ■ . and might assign his interest.
The law by which the present case is to be decided has been settled by this court in Campbell v. Arnold,§ and Tobey v. Webster.§
Occupation implies…
Also in this document: Per curiam.
2Cited by10 opinions
- Post v. PostNew York Supreme Court · 1852
- McDevitt v. LambertSupreme Court of Alabama · 1886
- Cook v. CookSupreme Court of Alabama · 1856
- Stettauer Bros. v. Carney & StevensSupreme Court of Kansas · 1878
- Powers v. IngrahamNew York Supreme Court · 1848
5 more not listed; retrieve them via the Exa API.