Nitschke v. Doggett

SHANNON, Justice.

The question is whether a lease for the balance of the life of appellee, as lessee, created an estate for years or a tenancy at will. We hold that the lease established a tenancy at will terminable at any time by either the lessor or the lessee.

Appellants, James B. Nitschke and his sister, Mary Alice Nitschke Smith, appeal from the judgment of the county court at law of Travis County in favor of Appellee, D. A. Doggett, in the sum of $9,000.00. We will reverse that judgment, and here render judgment that appellee take nothing and that appellants recover that sum.

This appeal…