Meeker v. Doe

— Ejectment. The lessor of the plaintiff is the mortgagee of Lather Mann, who was the owner of the fee at the date of the mortgage. The defendant entered into the consent rule and pleaded not guilty. Trial by the Court and judgment for the plaintiff.

The defendant, on the trial in the Circuit Court, set up no right to the possession. His defence appears to have been, that he had not received notice to quit. The Court decided that notice to quit was not necessary. The Court was right. Notice is necessary only where the relation of landlord and tenant exists. In this case, so far as we can…