Dutton v. Colby
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J., presiding. Forcible Entry and Detainer of a farm. The general issue alone was pleaded. On March. 9, 1851, the respondent paid the complainant one year’s rent of the farm in advance. No lease was given, and nothing was said about quitting at the end of the year. On May 18, 1852, the complainant gave to the respondent written notice to quit the farm and surrender peaceable possession of it to the complainant.
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On Report from Nisi Prius, Tenney, J., presiding. Forcible Entry and Detainer of a farm. The general issue alone was pleaded. On March. 9, 1851, the respondent paid the complainant one year’s rent of the farm in advance. No lease was given, and nothing was said about quitting at the end of the year. On May 18, 1852, the complainant gave to the respondent written notice to quit the farm and surrender peaceable possession of it to the complainant. This process was instituted on June 18, 1852. The case was submitted to the Court. cited R. S. c. 128; Wheeler v. Cowan, 25 Maine, 283; Davis v.…
1Opinion of the CourtWells, J.
— The respondent became the tenant of the complainant on the ninth day of March, 1851, and gave his note for the amount of the rent for one year. There was no written lease, but a verbal agreement, that the respondent should occupy the premises for that period. After the expiration of the year, a notice in writing was given to him to quit.
By statute, c. 91, ■§> 30, “no estate or interest in lands, unless created by some writing, and signed by the grantor or his attorney, shall have any greater force or effect, than an estate or lease at will.”
The respondent was therefore tenant at will, and…
2Cited by1 opinion
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