Morrison v. Tenney
Superior Court of New Hampshire
Complaint, under the statute regulating the remedies for landlord and tenant. The complaint was dated April 7, 1841, and made returnable before A. Fowler, esquire, justice of the peace, on the 17th day of April, 1841; and demanded a piece of land in Concord, containing about sixty-four square rods.
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Complaint, under the statute regulating the remedies for landlord and tenant. The complaint was dated April 7, 1841, and made returnable before A. Fowler, esquire, justice of the peace, on the 17th day of April, 1841; and demanded a piece of land in Concord, containing about sixty-four square rods. Plea, not guilty. • It appeared that April 8th, 1886, George Kent owned the land, and then gave the defendant a bond to convey, on the payment of eight hundred dollars, within one year, and the bond gave him license to enter and take the profits for that year. Tenney entered under the bond, and…
1Opinion of the CourtParker, C. J.
If Kent might have maintained assumpsit for use and occupation, in case he had continued to be the owner and the defendant had failed to fulfil the contract, and thus a relation of landlord and tenant exist for that purpose, it would be doubtful whether that relation existed between them within the statute giving the remedy sought in this case. There would be no rent payable, which, being in arrear, the landlord might give notice under the statute.
*129But however that might ho, this plaintiff does not stand in the relation of landlord to the defendant. He came in in invitum, by his levy against…
2Cases cited2 opinions
- Hovey v. BlanchardSuperior Court of New Hampshire · 1842
- Wiggin v. WigginSuperior Court of New Hampshire · 1833