Morse v. Brainerd
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia for the plaintiff upon an agreed statement of facts, in an action to recover rent alleged to be due under a lease of premises to defendant.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia for the plaintiff upon an agreed statement of facts, in an action to recover rent alleged to be due under a lease of premises to defendant. The Court in the opinion stated the facts as follows: This appeal is from a judgment for Erwin C. Brainerd, the plaintiff, in the supreme court of the District in an action at law and tried without a jury upon an agreed statement of facts. On October 1, 1906, Edward E. Morse, appellant, entered into possession of an apartment in the Gloucester apartment…
1Opinion of the CourtJustice Robb
An estate for.years at common law, as the learned trial justice pointed out, “is not necessarily a tenancy for a certain number of years, but the expression is applied to any tenancy for a certain time, as for one or more years, for a half or quarter of a year. Its essential character is' that it must be for a greater or less period of fixed duration.” Such an estate “must expire at a period certain and prefixed by whatever words created.” 2 Bl. Com. 143; 4 Kent, Com. 86; 1 Tiffany, Land. & T. § 12, p. 45. Mr. Taylor, in his Landlord & Tenant, vol. 1, ¶ 54, says: “Leases may be granted, in…
2Cited by10 opinions
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- Warthen v. LamasDistrict of Columbia Court of Appeals · 1945
- Dorado v. Loew's, Inc.District of Columbia Court of Appeals · 1952
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