Johnson v. Carter
Massachusetts Supreme Judicial Court
The declaration contained two counts in trespass, for breaking and entering two closes of the plaintiff, cutting down trees, &c. Besides the general issue to both counts, the defendant pleaded to the first count a license by the plaintiff, also a surrender of the plaintiff’s life estate to the defendant, the reversioner. The plaintiff replied to each of these pleas, both which resulted in issues to the country.
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The declaration contained two counts in trespass, for breaking and entering two closes of the plaintiff, cutting down trees, &c. Besides the general issue to both counts, the defendant pleaded to the first count a license by the plaintiff, also a surrender of the plaintiff’s life estate to the defendant, the reversioner. The plaintiff replied to each of these pleas, both which resulted in issues to the country. The defendant also pleaded in bar to the first count that, before the supposed trespass, viz., on, &c.,at, &e., one Joseph Mclntire, who was then the lawful guardian of the plaintiff,…
1Opinion of the CourtJackson, J.
As to the first count, it is very clear that a license b/ the guardian would determine at his death. This is not denied; but il is said, that the facts stated in the plea show that this was a lease, and not a license; and that, if it was a lease, the defendant was not a trespasser * by holding over after [*445] the end of the term, but would be a tenant at sufferance, until a re-entry by the plaintiff, or a notice to quit; and that the defendant ought not to be prejudiced by having miscalled it a license.
If such a mistake had occurred in a deed, or any act in pais, the Court would not, perhaps,…
2Cited by12 opinions
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- Pease v. GibsonSupreme Judicial Court of Maine · 1829
- East Jersey Iron Co. v. WrightNew Jersey Court of Chancery · 1880
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