Hooton v. Holt
Massachusetts Supreme Judicial Court
Action on the Pub. Sts. c. 175, to recover possession of certain premises in Reading. Writ dated February 2, 1883. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The judge admitted in evidence a deed of conveyance of the premises from one Rollins to Mary L. Brooks, dated and recorded June 18, 1878; a deed of mortgage thereof from Brooks to one Gowen, dated and recorded June 21, 1878; a lease of the premises for…
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Action on the Pub. Sts. c. 175, to recover possession of certain premises in Reading. Writ dated February 2, 1883. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The judge admitted in evidence a deed of conveyance of the premises from one Rollins to Mary L. Brooks, dated and recorded June 18, 1878; a deed of mortgage thereof from Brooks to one Gowen, dated and recorded June 21, 1878; a lease of the premises for one year from Brooks to the plaintiff, dated January 30, 1883; and a deed of conveyance of the premises by Gowen, under…
1Opinion of the CourtC. Allen, J.
1. The first exception is to the admission of the notice in evidence. As the defendant appears to have been a tenant at sufferance, no particular form of notice was required, and a notice calling for immediate possession would be sufficient. If an action is brought without allowing time enough to remove, that does not show that the notice to quit is incompetent in evidence, but is a matter to be shown in defence.
2. The evidence offered by the defendant, which was excluded, as we understand the bill of exceptions, was merely the evidence *56of a verbal agreement, under which the defendant was to…
2Cases cited1 opinion
- Casey v. KingMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
- Lewis v. JacksonMassachusetts Supreme Judicial Court · 1896
- Weiss v. LevyMassachusetts Supreme Judicial Court · 1896
- Santander Bank, N.A. v. O'ConnorMassachusetts District Court, Appellate Division · 2015
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