Massachusetts Supreme Judicial Court, 1868

Miller v. Lang

Massachusetts Supreme Judicial Court · Decided January 15, 1868 · Gray

99 Mass. 13

Cases that cite this one

8 later published cases cite this decision.

Illinois Steel Co. v. Budzisz (Wis. 1909)
Ashton v. Golden Gate Lumber Co. (Cal. 1899)
Kiernan v. Terry (Or. 1894)
Holman v. Bonner (Miss. 1885)
Granger v. Parker (Mass. 1884)
Bryan v. Winburn (Ark. 1884)
Merrill v. Bullock (Mass. 1870)
Hawes v. Shaw (Mass. 1868)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gray, J.

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. *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.