Clark v. Wheelock
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a dwelling-house and land in Cambridgeport. Writ dated May 24,1866. At the trial in the superior court, before Vose, J., without a jury, on appeal from the police court of Cambridge, the judge found these facts: The plaintiff claimed under a written lease of the premises to him from John Leishman, their owner, dated May 1, 1866, for one year from that date.
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Action on the Gen. Sts. c. 137, for possession of a dwelling-house and land in Cambridgeport. Writ dated May 24,1866. At the trial in the superior court, before Vose, J., without a jury, on appeal from the police court of Cambridge, the judge found these facts: The plaintiff claimed under a written lease of the premises to him from John Leishman, their owner, dated May 1, 1866, for one year from that date. For the four years preceding, Francia B. Kern had hired the premises from Leishman by an oral agreement ; had paid rent to May 1, 1866; and at some time during the four years had underlet…
1Opinion of the CourtGray, J.
Upon the view of this case most favorable to the defendant, his exceptions cannot be sustained. As Kern was but a tenant at will, and his verbal lease and surrender of possession to Wheelock included all his interest in the premises, it would seem that his tenancy at will was at an end as soon as his transfer became known to his landlord, the owner of the land, unless the latter saw fit to recognize Wheelock as his tenant. Chandler v. Thurston, 10 Pick. 209. Cooper v. Adams, 6 Cush. 90, 91. But if any tenancy at will existed after such transfer, either in Kern or Wheelock, it was terminated…
2Cited by4 opinions
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