Preble v. Hay

Decided April 15, 1851

Supreme Judicial Court of Maine · decided 1851-04-15

Exceptions, from the District Court, Cole, J. Complaint for forcible entry and detainer. General issue. There was evidence tending to prove, that, in November, 1843, the plaintiff leased the land to one Oxnard by a written lease for five years ; and that the tenant was assignee of that lease, and under it had occupied the land for thee or four years, paying the rents to the plaintiff quarter yearly.

Decided 1851-04-15

Wells, J.,

¶1orally.—The second instruction was correct. The notice of December, 1848, was a notice to remove the building and surrender the possession of the land to the plaintiff, and it was sufficient to terminate the tenancy. But that is an immaterial point. The jury have found, that the holding was under a written lease, which had expired when the first notice was given. In such a case no notice of the termination of the tenancy is necessary. The first instruction Was also correct.

¶2Exceptions overruled.