Gage v. Campbell
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Benjamin Gage in an action brought against him by William W. Campbell, and disallowed, by Bacon, J., who presided at the trial in the Superior Court.- The petition was referred by this court to a commissioner to hear the parties, settle the truth of the exceptions, and report thereon.
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Petition to establish the truth of exceptions alleged by Benjamin Gage in an action brought against him by William W. Campbell, and disallowed, by Bacon, J., who presided at the trial in the Superior Court.- The petition was referred by this court to a commissioner to hear the parties, settle the truth of the exceptions, and report thereon. The bill of exceptions, as tendered by the petitioner, (except the figures at the beginning of the paragraphs, which are added for convenience of reference,) was as follows, the words printed in italics being those which the commissioner reported should be…
1Opinion of the CourtGray, C. J.
The only ground appearing by the bill of exceptions, on which the plaintiff, claiming under a written lease from Wakefield, sought to maintain this landlord and tenant process against the defendant, was that the defendant was a tenant at will of Wakefield. The evidence offered by the defendant, that Wakefield never had any title, had no tendency to show that the defendant never occupied the premises as *570Wakefield’s tenant; if he did so occupy, he was estopped to deny his landlord’s original title in this action. Coburn v. Palmer, 8 Cush. 124. Towne v. Butterfield, 97 Mass. 105. The defendant…
2Cases cited4 opinions
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
- Stone v. SanbornMassachusetts Supreme Judicial Court · 1870
- Crow v. StoweMassachusetts Supreme Judicial Court · 1873
3Cited by2 opinions
- Curtis v. GoodwinMassachusetts Supreme Judicial Court · 1919
- New York Central Railroad v. Central New England Railway Co.Massachusetts Supreme Judicial Court · 1928