Melley v. Casey
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a house on Federal Street in Boston. Writ dated February 2, 1867. At the trial in the superior court, before Putnam, J., without a jury these facts were agreed : On August 1, 1866, the defendant was occupying the house as tenant at will of Mary W. Stevens, its owner, when she alone, without the written assent of her husband, George A. Stevens, executed a lease of the premises to the defendant for three years from that date,…
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Action on the Gen. Sts. c. 137, for possession of a house on Federal Street in Boston. Writ dated February 2, 1867. At the trial in the superior court, before Putnam, J., without a jury these facts were agreed : On August 1, 1866, the defendant was occupying the house as tenant at will of Mary W. Stevens, its owner, when she alone, without the written assent of her husband, George A. Stevens, executed a lease of the premises to the defendant for three years from that date, for a rent payable monthly. The defendant continued to occupy the premises, and paid to Mrs. Stevens regularly the…
1Opinion of the CourtHoar, J.
The lease executed by the wife, being a lease for more than a year, and without the assent in writing of her husband, was wholly void. Gen. Sts. c. 108, § 3. Not being within the authority conferred on her by statute, the common law disability of her coverture made her deed inoperative to convey any estate whatever. We find no authority for the doctrine for which the defendant contends, that it might take effect as a lease for a year, and be void only for the excess. It was a single and entire contract; and there was no agreement of the parties for any separate part. The defendant therefore'…
2Cited by9 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
- Cormerais v. WesselhoeftMassachusetts Supreme Judicial Court · 1874
- Spiro v. RobertsonIndiana Court of Appeals · 1914
- Erickson v. WhiteMassachusetts Supreme Judicial Court · 1934
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