Legal Opinion

Marsters v. Cling

Massachusetts Supreme Judicial Court

Decided May 23, 1895PublishedCited by 8 opinions

Action, on Pub. Sts. c. 175, to recover possession of certain premises in Boston. Trial in the Superior Court before Sheldon, J., who ordered a verdict for the plaintiff in each case; and the defendants alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtBarker, J.

In these cases each defendant was a tenant at will of one Kendall of lands of which he was seised as tenant in curtesy. Kendall’s estate was attached upon a writ against him, and was duly levied upon and sold and conveyed upon execution to the plaintiff’s lessor. Thereafter a written lease of the premises was made by the purchaser at the execution sale to the plaintiff, who thereupon gave to each of the defendants written notice to quit and deliver up the premises to him, as he had taken a written lease of the same for one year. The defendants remained in possession, claiming as tenants at…

2Cited by8 opinions

  1. Snider v. DebanMassachusetts Supreme Judicial Court · 1924
  2. Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
  3. Ratner v. HoganMassachusetts Supreme Judicial Court · 1925
  4. Martin A. Dale v. H.B. Smith Company, Inc., Martin A. Dale v. H.B. Smith Company, Inc., Martin A. Dale v. H.B. Smith Company, Inc.Court of Appeals for the First Circuit · 1998
  5. Commonwealth v. GoldbergMassachusetts Supreme Judicial Court · 1946

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