Legal Opinion

Semmes v. United States

United States Court of Claims

Decided December 15, 1878PublishedCited by 3 opinions

The Reporters’ statement of the case: The following are the facts as found by the court: I. On the 10th day of August, 1871, the claimants, being owners of certain real estate in the city ofWashin gton, in the District of Columbia,, designated as “ The Seaton House,” executed a written lease thereof to the United States, for the use of the Department of the Interior, for the term of four years from and after the 15th day of September, 1871, upon an annual rent of #10,000,…

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The Reporters’ statement of the case: The following are the facts as found by the court: I. On the 10th day of August, 1871, the claimants, being owners of certain real estate in the city ofWashin gton, in the District of Columbia,, designated as “ The Seaton House,” executed a written lease thereof to the United States, for the use of the Department of the Interior, for the term of four years from and after the 15th day of September, 1871, upon an annual rent of #10,000, payable quarterly, and with a condition in the lease providing for its renewal for any further and additional term or…

1Opinion of the CourtNott., J.

At the common law the landlord was entitled to possession at the expiration of a lease, and might oust the tenant or *501bring ejectment without notice to quit or demand for possession being first made. If, howeAer, tbe landlord suffered the tenant to remain in possession after the expiration of the term, the common law intervened by requiring that the tenant should not be subjected to an action in trespass (though he might be to an action in ejectment) unless an entry or demand were first made, and by declaring that as the tenant was in possession under lawful title, the continuance of…

2Cases cited2 opinions

  1. Schuyler v. . SmithNew York Court of Appeals · 1873
  2. Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by3 opinions

  1. Hickman v. Union National Bank of Arkansas (In re Hickman)United States Bankruptcy Court, W.D. Arkansas · 1993
  2. Spofford v. United StatesUnited States Court of Claims · 1897
  3. Blair v. United StatesUnited States Court of Claims · 1918

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