Miller v. Johnson
Miller v. Johnson
Opinion of the Court
delivered the opinion of the Court:
The petition for certiorari in this case is based upon the single question, whether a tenancy from month to month is within the purview of the Maryland Act of 1793, chap. 43, which contains the following language:
“ In all cases where lands, tenements or messuages are let or leased for one or more years or at will and the lessor or lessors, their heirs, executors, administrators or assigns shall be desirous to have again and repossess the said lands,” &c. The act then goes on to provide the remedy which is sought in this case.
The object of this statute was to give a brief and summary remedy to the claimants of estates as against possessors with an estate less than an estate of freehold. The occupancies or tenancies in contemplation of this remedy apparently from the reason of the statute w7ould be brought within its cure in proportion as the term was shortened.
If a summary remedy upon a month’s notice is applicable
The petition is, therefore, dismissed.
Reference
- Full Case Name
- NEHEMIAH H. MILLER v. CATHARINE M. JOHNSON
- Status
- Published