Low v. Elwell
Massachusetts Supreme Judicial Court
Tort for an assault in forcibly ejecting the plaintiff from her dwelling-house. At the trial in the Superior Court, before Brigham, C. J., it appeared that the plaintiff was the wife of John C. Low, who had hired a house of Josiah Low, the owner thereof, under an oral lease, and had occupied the same for two years under that tenancy; and that in March, 1873, Josiah Low made a lease of the house under seal to Zeno P. Elwell, and both of them in writing gave notice to John C.…
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Tort for an assault in forcibly ejecting the plaintiff from her dwelling-house. At the trial in the Superior Court, before Brigham, C. J., it appeared that the plaintiff was the wife of John C. Low, who had hired a house of Josiah Low, the owner thereof, under an oral lease, and had occupied the same for two years under that tenancy; and that in March, 1873, Josiah Low made a lease of the house under seal to Zeno P. Elwell, and both of them in writing gave notice to John C. Low of this lease, and to quit the premises. The plaintiff testified that on April 15,1873, she was occupying the house…
1Opinion of the CourtGray, C. J.
A tenant holding over after the expiration of his tenancy is a mere tenant at sufferance, having no right of possession against his landlord. If the landlord forcibly enters and expels him, the landlord may be indicted for the forcible entry. But he is not liable to an action of tort for damages, either for his entry upon the premises, or for an assault in expelling the tenant, provided he uses no more force than is necessary. The tenant cannot maintain an action in the nature of trespass quare clausum fregit, because the title and the lawful right to the possession are in the landlord, and…
2Cases cited2 opinions
- Jackson ex dem. Stansbury v. FarmerNew York Supreme Court · 1832
- Overdeer v. LewisSupreme Court of Pennsylvania · 1841
3Cited by38 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Moyer v. GordonIndiana Supreme Court · 1887
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
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