Palmer v. Bowker
Massachusetts Supreme Judicial Court
Contract for the use and occupation of a dwelling-house in Charlestown by the defendant as a tenant at sufferance. At the trial in the superior court, before Reed, J., it was agreed that the defendant in 1868 hired the premises of John B. Bailey by oral contract; that shortly afterwards John B. Bailey gave the plaintiff a written lease of the premises for one year; and that the plaintiff gave the defendant notice to quit, and brought this action to recover for the use and…
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Contract for the use and occupation of a dwelling-house in Charlestown by the defendant as a tenant at sufferance. At the trial in the superior court, before Reed, J., it was agreed that the defendant in 1868 hired the premises of John B. Bailey by oral contract; that shortly afterwards John B. Bailey gave the plaintiff a written lease of the premises for one year; and that the plaintiff gave the defendant notice to quit, and brought this action to recover for the use and occupation of the premises from that time until she left them. The plaintiff, for the purpose of proving John B. Bailey’s…
1Opinion of the CourtWells, J.
This case falls within the principle of the decision in Hilbourn v. Fogg, 99 Mass. 11. It was there held not to be inconsistent with the relations of a tenant to his landlord, to deny the right of the landlord to convey to another a greater estate than that which the tenant himself derived from his lease.
The form in which the question arises makes no difference. The principle that forbids a tenant to deny the title of his land*318lord, under which he was let into possession, is a rule of pleading as well as of evidence. But proof that his landlord had not such a title as would enable him to…
2Cases cited1 opinion
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Meier v. ThiemannMissouri Court of Appeals · 1884
- Streeter v. IlsleyMassachusetts Supreme Judicial Court · 1888
- Maile v. Chin Wo Co.Hawaii Supreme Court · 1896
- Streeter v. IlsleyMassachusetts Supreme Judicial Court · 1890