Hawes v. Shaw
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, by the children and only heirs of Samuel Hawes, Senior, deceased, for possession of a Iwelling-house and land in Weymouth. Writ dated April 16, 868. The answer alleged ':itle to the premises in Elizabeth Trafton, and that the defendant was her tenant.
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Action on the Gen. Sts. c. 137, by the children and only heirs of Samuel Hawes, Senior, deceased, for possession of a Iwelling-house and land in Weymouth. Writ dated April 16, 868. The answer alleged ':itle to the premises in Elizabeth Trafton, and that the defendant was her tenant. At the trial in the superior court, on appeal from the judgment of a trial justice, the facts appeared as follows : Samuel Hawes, Senior, was in possession of the house and land when he died intestate in January 1864. In October 1865 the defendant entered and began to occupy them without permission from anybody.…
1Opinion of the CourtWells, J.
The case finds that, after the death of Samuel Hawes, the tenant applied to the plaintiffs “ for liberty to continue to occupy said premises, as their tenant, until-the estate was sold; and it was agreed between them that he might do so, paying them rent at the rate of three dollars per month, and agreeing to quit whenever required to do so by the plaintiffs; ” also that he “ has continued to occupy under such agreement up to the time of bringing this action.” He paid the rent for three months, and assigned as his reason for not paying the rest his inability to do so. He has never been…
2Cases cited2 opinions
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Miller v. LangMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
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- Foster v. LeeMassachusetts Supreme Judicial Court · 1930
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