Hauxhurst v. Lobree
California Supreme Court
Appeal from the District Court of the Fifteenth District, City and County of San Francisco. This is an action by a landlord for the recovery of the demised premises against one who entered as tenant and held over after the expiration of the term. The demanded premises appear to have been leased by plaintiffs to one Adams, and others, on the 24th of June, 1862, for five years.
Read the full summary
Appeal from the District Court of the Fifteenth District, City and County of San Francisco. This is an action by a landlord for the recovery of the demised premises against one who entered as tenant and held over after the expiration of the term. The demanded premises appear to have been leased by plaintiffs to one Adams, and others, on the 24th of June, 1862, for five years. In 1863, Adams and others subleased the premises to one Prosser, who leased to defendant in 1864. At the expiration of the term, the defendant was in possession, and the plaintiffs commenced this action. The other facts…
1Opinion of the CourtRhodes, J.
The defendant contends that the notice to quit was not properly served, and the plaintiffs insist that a notice was unnecessary. At the expiration of the term for which the premises were leased, the defendant, by holding over, became a tenant at sufferance, “An estate at sufferance is, when one comes into possession of land by lawful title, but keeps it afterward without any title at all.” (2 Black. Com. 150; Taylor’s Land, and Tenant, Sec. 64.)
Independent of the statute, the tenant at sufferance is not
*564entitled to notice to quit. (Jackson v. Parkhurst, 5 John. 128; Jackson v. McLeod, 12 Id.…
2Cases cited1 opinion
- Jackson v. ParkhurstNew York Supreme Court · 1809
3Cited by6 opinions
- McLeran v. BentonCalifornia Supreme Court · 1887
- Gartlan v. C. A. Hooper & Co.California Supreme Court · 1918
- Hull v. LaugharnCalifornia Court of Appeal · 1934
- Moon v. MarkerCalifornia Court of Appeal · 1938
- Joy v. McKayCalifornia Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.