Miller v. Lang
This text of 99 Mass. 13 (Miller v. Lang) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A tenant in possession, even after his lease has expired, cannot deny his landlord’s title, without either surrendering possession to him, or attorning, or at least giving notice to his landlord that he shall claim under another and a valid title. Hilbourn v. Fogg, ante, 11 Morse v. Goddard, 13 Met. 177. [14]*14Boston v. Binney, 11 Pick. 8. Zeller’s lessee v. Eckert, 4 How. 295. The only title which the defendant proposed to claim under was that of his wife, from whom he could derive no title by contract or grant. Thomson v. O’Sullivan, 6 Allen, 303. Gay v. Kingsley, 11 Allen, 345. The defendant therefore showed no title in himself, and no defence to this action. Judgment against him will not affect his wife’s title.
Exceptions overruled.
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99 Mass. 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-lang-mass-1868.