Rich v. Bolton
Supreme Court of Vermont
This was an action to recover the possession of about three-fourths of an acre of land, with a house and barn, thereon, brought before a justice of the peace, pursuant to § 22, ch. 46 of the Gen. Sts., and came to the county court by appeal. Plea, the general issue, and trial by the court, March term, 1872, Ross, J., presiding.
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This was an action to recover the possession of about three-fourths of an acre of land, with a house and barn, thereon, brought before a justice of the peace, pursuant to § 22, ch. 46 of the Gen. Sts., and came to the county court by appeal. Plea, the general issue, and trial by the court, March term, 1872, Ross, J., presiding. The writ was dated June 14,1871. On the 27th of May, 1871, the plaintiff gave the defendant written notice to quit; but the notice stated no time for quitting. The plaintiff gave evidence tending to show that she had been in possession of said premises for twenty-five…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Did the occupancy of the premises by the defendant, create such a relation to the plaintiff, that he is entitled, before suit, to six months’ notice to quit ? The defendant went into possession with the plaintiff’s consent, but with no agreement as to paying rent. lie built a barn on the premises, and repaired the house. The plaintiff testified that she tried to settle with him, but could get nothing of him but the repairs. From this statement it would seem that he declined and refused to settle and pay rent. After such refusal, he could…
2Cases cited5 opinions
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Jackson v. BradtNew York Supreme Court · 1804
- Barlow v. WainwrightSupreme Court of Vermont · 1849
- Silsby v. AllenSupreme Court of Vermont · 1870
- Chamberlin v. DonahueSupreme Court of Vermont · 1872
3Cited by9 opinions
- Hurd v. WhitsettSupreme Court of Colorado · 1878
- Stubblefield v. JonesCourt of Appeals of Texas · 1921
- Brown v. KayserWisconsin Supreme Court · 1884
- Amsden v. FloydSupreme Court of Vermont · 1888
- Mayo v. ClaflinSupreme Court of Vermont · 1919
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