Floyd v. Floyd

Decided November 15, 1850

Court of Appeals of South Carolina · decided 1850-11-15

Before Evans, J., at Newberry, Fall Term, 1850. This was an action of trespass, vi et armis, to land and goods. The report of his Honor, the presiding Judge, is as follows: “ One Charles Floyd was the former owner of the land. He was the brother of the plaintiff, and the nephew of the defendant. In 1845, Charles Floyd put the plaintiff to live on the land.

Decided 1850-11-15

Frost, J.

¶1I dissent from that part of the opinion which affirms that a tenancy from year to year, implied by law from a tenancy at will, is determined at the end of the calendar year. The end of the year, with reference to the tenancy, is computed from the time of the tenant’s entry. If one enters on land, under a lease for one year, commencing the first of April, and holds over, it would be an arbitrary interference of the law with the *29contract of the parties, that the second year of the tenancy should not he determined till the first of January; and thus extend the term of the second year nine months beyond the period when, by reference to the time of entry, it would have ended.

¶2Motion dismissed.