Danforth v. Sargeant

14 Mass. 491

Opinion

SUFFOLK,

■ This was an action of trespass quare clausum fregit. Issue not guilty. The defendants had hired the premises of the plaintiff for a year, terminating the 13th of April, 1779, and held over until the 20th of May following, notwithstanding being warned out by the plaintiff; and they insisted that they had a right to retain possession until ejected by process of law.

The Court held the defence to be frivolous, and stated that the law was clearly otherwise. The lessor, after the term is ended, may enter at pleasure and order the lessees out; and if they hold over, there is no question that it is a trespass. They accordingly directed a verdict for the plaintiff.