King v. Lawson
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, to recover possession of a shop on Winter Street in Boston, of which the plaintiff was lessee for years, holding under a written lease which expired October 1,1866. The complaint was dated February 8,1866. At the trial in the superior court, before Russell, J., the defendant filed an amended answer setting forth that since the commencement of the action the plaintiff’s estate in the premises had terminated by its own limitation, and that the…
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Action on the Gen. Sts. c. 137, to recover possession of a shop on Winter Street in Boston, of which the plaintiff was lessee for years, holding under a written lease which expired October 1,1866. The complaint was dated February 8,1866. At the trial in the superior court, before Russell, J., the defendant filed an amended answer setting forth that since the commencement of the action the plaintiff’s estate in the premises had terminated by its own limitation, and that the defendant was at the time of trial holding the premises under' a valid lease from the owners, given at the expiration of…
1Opinion of the CourtChapman, J.
It appears that Williams was tenant at will to tne plaintiff, and sold out his interest to the defendant and put him in possession, claiming that he was the tenant of Williams. This assignment of his estate by Williams operated to terminate his own tenancy. Cooper v. Adams, 6 Cush. 87. But it gave the defendant no tenancy at will, and he could not assert the rights of a tenant at will as against the plaintiff. The notice of January 1, 1866, was capable of explanation; the evidence which was given tended to explain it, and to show that *312it was not a ratification of the assignment of Williams to…
2Cited by11 opinions
- Williams v. SederMassachusetts Supreme Judicial Court · 1940
- Proctor v. TowsIllinois Supreme Court · 1885
- Appleton v. AmesMassachusetts Supreme Judicial Court · 1889
- Coughlin v. GrayMassachusetts Supreme Judicial Court · 1881
- Barrell v. BrittonMassachusetts Supreme Judicial Court · 1927
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