Coffin v. Lunt
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin. Plea, nul disseisin. The action was commenced on the 3d of December 1821. At the trial, before Putnam J., at the sittings after October .term 1822, it appeared that the tenant occupied under the demandant without any special agreement, but that the demandant had sued him for rent from the 20th of December 1819, to the 30th of November 1821, at 7 dollars a month, and had recovered 28 dollars ; and it was proved, that two months before…
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This was a writ of entry sur disseisin. Plea, nul disseisin. The action was commenced on the 3d of December 1821. At the trial, before Putnam J., at the sittings after October .term 1822, it appeared that the tenant occupied under the demandant without any special agreement, but that the demandant had sued him for rent from the 20th of December 1819, to the 30th of November 1821, at 7 dollars a month, and had recovered 28 dollars ; and it was proved, that two months before the commencement of the present action, the tenant said the demandant had asked him to move out of the premises in…
1Opinion of the Court
Parker C. J.,
in delivering the opinion of the Court, said it was not necessary to decide whether any notice to quit is requisite where the estate is a tenancy at will. It is a difficult question ; for although the law is settled in England and in New York, yet that does not determine the question for us, since their statutes are different from ours.* *77If notice, "however, is necessary, it must be regulated by *78the terms on which the estate has been held. If a house is let by parol by the month or week, as is frequently the case *79with small tenements in large towns, it would be absurd to say that…
2Cases cited1 opinion
- Boggs v. BlackSupreme Court of Pennsylvania · 1808