Henchey v. Rathbun
Massachusetts Supreme Judicial Court
Summary process under R. L. c. 181 for the possession of certain land in Woburn. Writ in the Fourth District Court of Eastern Middlesex dated October 15, 1915. On appeal to the Superior Court the case was tried before Stevens, J. The evidence is described in the opinion.
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Summary process under R. L. c. 181 for the possession of certain land in Woburn. Writ in the Fourth District Court of Eastern Middlesex dated October 15, 1915. On appeal to the Superior Court the case was tried before Stevens, J. The evidence is described in the opinion. At the close of the evidence the judge submitted to the jury the two following questions: “ 1. Did the defendant accept the lease from Edmund Reardon [the owner of the land] dated June 1, 1915, with the understanding that it was in force before he received the letter from Reardon dated August 2, 1915, but said to have been…
1Opinion of the CourtBraley, J.
The defendant at the date of the lease upon which the plaintiff relies was in occupation of the premises, but whether *211as a tenant at sufferance or under a lease prior in time from one Reardon, the common landlord of the parties hereafter referred to as the lessor, is the principal question for determination. If the defendant has the older title, the plaintiff fails to establish a present right of entry and ejectment cannot be maintained. Page v. Dwight, 170 Mass. 29. Bradshaw v. Ashley, 180 U. S. 59.
It was undisputed that, being an occupant under a lease the term of which had expired, the…
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