Oakes v. Munroe
Massachusetts Supreme Judicial Court
This was a proceeding under the Rev. Sts. c. 104, § 4, and St. 1847, c. 267, § 2, commenced on the 31st of March, 1849, to recover possession of a dwelling-house, out building and land adjoining in. Malden. The justice of the peace before whom the complaint was brought and tried in the first instance, rendered judgment in favor of the plaintiffs, whereupon the defendant appealed to the court of common pleas; and the case was tried again before Wells, C. J., in that court.
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This was a proceeding under the Rev. Sts. c. 104, § 4, and St. 1847, c. 267, § 2, commenced on the 31st of March, 1849, to recover possession of a dwelling-house, out building and land adjoining in. Malden. The justice of the peace before whom the complaint was brought and tried in the first instance, rendered judgment in favor of the plaintiffs, whereupon the defendant appealed to the court of common pleas; and the case was tried again before Wells, C. J., in that court. At the trial, the plaintiffs gave in evidence, a lease, executed by them and by the defendant, whereby they leased him the…
1Opinion of the CourtBigelow, J.
This complaint is brought under Si. 1847, c. 267, §§ 1, 2, to recover possession of certain premises, occupied by the defendant, as tenant of the plaintiffs, under a written lease, on the ground that the lease has been determined by a notice to quit under § 1 of said act, for a failure te *284pay rent according to the covenant in the lease. The premises were demised to the defendant for a term of two years, of which one year remained unexpired at the time of the commencement of this suit.
The tenant objects, in the first place, to the right of the plaintiffs to maintain their complaint, for the…
2Cases cited2 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
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