Maidstone v. Stevens
Supreme Court of Vermont
This was an action of ejectment for a certain school lot in Maid-stone. On the trial it was conceded, that the defendant was in possession of the lot as an assignee of a lease, executed by the selectmen to J. Smith, May 1, 1787, and assigned to the defendant ; in which lease was reserved an annual rent, payable to the selectmen on the first day of May, and a right of re-entry in case said rent should at any time remain over due twenty-eight days, “ being lawfully demanded.”
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This was an action of ejectment for a certain school lot in Maid-stone. On the trial it was conceded, that the defendant was in possession of the lot as an assignee of a lease, executed by the selectmen to J. Smith, May 1, 1787, and assigned to the defendant ; in which lease was reserved an annual rent, payable to the selectmen on the first day of May, and a right of re-entry in case said rent should at any time remain over due twenty-eight days, “ being lawfully demanded.” The plaintiff introduced testimony tending to show several years rent in arrear, and that the defendant had been…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— This lease gives the right of entry for the nonpayment of rent which has been due 28 days. What is said in the lease about the same having been legally demanded is unimportant, as the same would have been necessary by the common *491law, under which the lease was executed, without these words. They were expletive when inserted and so remain. By the common law, where there was a right of entry for the failure to pay rent, it was viewed and enforced by the action of ejectment as a forfeiture of the tenant’s estate, and therefore the utmost…
2Cited by5 opinions
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- Town of Jamaica v. HartSupreme Court of Vermont · 1880