Sperry v. Sperry
Superior Court of New Hampshire
Writ of Entry, wherein the demandant claims a freehold estate in the demanded premises. Plea, nul disseizin. The demandant, to support the issue on his part, offered in evidence a lease executed by the tenant and one Benjamin Sperry, to the demandant, dated June 10, 1812, duly acknowledged and recorded, whereby they demised the demanded premises to Mm, being the same he had that day conveyed to them, he yielding and paying the annual rent of one cent, the same being…
Read the full summary
Writ of Entry, wherein the demandant claims a freehold estate in the demanded premises. Plea, nul disseizin. The demandant, to support the issue on his part, offered in evidence a lease executed by the tenant and one Benjamin Sperry, to the demandant, dated June 10, 1812, duly acknowledged and recorded, whereby they demised the demanded premises to Mm, being the same he had that day conveyed to them, he yielding and paying the annual rent of one cent, the same being demanded. It was admitted that the tenant went into possession of the premises at the time of the execution of said lease, and…
1Opinion of the CourtParker, J.
No question about notice to quit arises on these pleadings. .The plea of the tenant admits him to be in possession, claiming a freehold. 2 N. H. R. 10, Mills vs. Pierce; Stearns on Real Actions 232; 7 Mass. R. 381, Pray vs. Pierce; 5 Mass. 352, Iligbee vs. Rice; 8 Cranch 243, Green vs. Lister; Jackson R. A. 91, 157.
If he relied upon a tenancy at will, and want of notice to quit, he should have pleaded non tenure specially. What notice may be required by a tenant at will is not fully settled.
The instrument executed by the demandant to the tenant cannot be regarded as a surrender of the term in…
2Cases cited3 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
3Cited by9 opinions
- Campau v. CheneMichigan Supreme Court · 1850
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Sun Oil Co. v. KeaneConnecticut Appellate Court · 1964
- Cocheco Manufacturing Co. v. WhittierSuperior Court of New Hampshire · 1839
- Kennett's PetitionSuperior Court of New Hampshire · 1851
4 more not listed; retrieve them via the Exa API.