Miller v. Lang
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a house and land in Reading. Trial in the superior court, before Brigham, J., without a jury, when it appeared that the defendant took from the plaintiff a written lease of the premises for a year from April 30,1865, and occupied them during the term, cohabiting with his wife, but at the end of the term refused to deliver them to the plaintiff.
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Action on the Gen. Sts. c. 137, for possession of a house and land in Reading. Trial in the superior court, before Brigham, J., without a jury, when it appeared that the defendant took from the plaintiff a written lease of the premises for a year from April 30,1865, and occupied them during the term, cohabiting with his wife, but at the end of the term refused to deliver them to the plaintiff. The defendant offered to prove that on February 11,1857, the premises were conveyed by a third person to the defendant’s wife, to her sole and separate use; that from that time to the beginning of this…
1Opinion of the CourtGray, J.
A tenant in possession, even after his lease has expired, cannot deny his landlord’s title, without either surrendering possession to him, or attorning, or at least giving notice to his landlord that he shall claim under another and a valid title. Hilbourn v. Fogg, ante, 11 Morse v. Goddard, 13 Met. 177. *14Boston v. Binney, 11 Pick. 8. Zeller’s lessee v. Eckert, 4 How. 295. The only title which the defendant proposed to claim under was that of his wife, from whom he could derive no title by contract or grant. Thomson v. O’Sullivan, 6 Allen, 303. Gay v. Kingsley, 11 Allen, 345. The defendant…
2Cases cited2 opinions
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Sampson v. BradfordMassachusetts Supreme Judicial Court · 1850
3Cited by8 opinions
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Hawes v. ShawMassachusetts Supreme Judicial Court · 1868
- Bryan v. WinburnSupreme Court of Arkansas · 1884
- Kiernan v. TerryOregon Supreme Court · 1894
- Granger v. ParkerMassachusetts Supreme Judicial Court · 1884
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