Legal Opinion

Ellis v. Paige

Massachusetts Supreme Judicial Court

Decided September 15, 1822PublishedCited by 4 opinions

This was an action of trespass quare clausum fregit. At the trial, before Wilde J., in May term 1821, the plaintiff introduced evidence tending to prove, that in April 1819, Paige, as the agent of one Bond, leased to the plaintiff by paroi a parcel of land, with a dwellinghouse standing thereon, in Ware, for the term of one year, reserving rent; that Ellis thereupon went into possession ; and that on the 30th of September, Paige forcibly entered into the dwellinghouse, and,…

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This was an action of trespass quare clausum fregit. At the trial, before Wilde J., in May term 1821, the plaintiff introduced evidence tending to prove, that in April 1819, Paige, as the agent of one Bond, leased to the plaintiff by paroi a parcel of land, with a dwellinghouse standing thereon, in Ware, for the term of one year, reserving rent; that Ellis thereupon went into possession ; and that on the 30th of September, Paige forcibly entered into the dwellinghouse, and, with the aid of the other defendants, without the consent and against the will of the plaintiff, removed the wife and…

1Opinion of the Court

The opinion of the Court was delivered at April term 1823, at Northampton, by

Wilde J.

The first question to be determined is, whether a paroi lease for a year is valid according to the terms of it, or whether it is an estate at will only.

By the statute of 1783, c. 37, § 1, it is enacted, that all leases by paroi, and not put in writing and signed by the \ parties so making the same, shall have the force and effect of leases or estates at will only; and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect.

The language of the statute is plain and…

2Cases cited1 opinion

  1. Rising v. StannardMassachusetts Supreme Judicial Court · 1821

3Cited by4 opinions

  1. Ex Parte OldenCourt of Criminal Appeals of Oklahoma · 1948
  2. Godlewski v. GraySupreme Court of Virginia · 1981
  3. Perdue v. Sears, Roebuck & Co.District Court, W.D. Virginia · 1981
  4. Wixom v. HoarSupreme Court of Iowa · 1913

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