Massachusetts Supreme Judicial Court, 1913

Gloyd v. Davis

Gloyd v. Davis
Massachusetts Supreme Judicial Court · Decided March 31, 1913 · Loring
214 Mass. 238; 101 N.E. 145; 1913 Mass. LEXIS 1102

Gloyd v. Davis

Opinion of the Court

Loring, J.

If Fuller’s deed to the defendant did not give him a right of occupation and did reserve a life estate in Fuller, the defendant was not entitled to a verdict as matter of law. In case of such a deed (there being no evidence of a written lease to the defendant outside the deed), the defendant at the most was a tenant at will, his right of occupation was ended by the written lease to the plaintiff, and this action was well brought under R. L. c. 181.

The evidence warranted a finding that Fuller’s deed to the defendant did not give him a right of occupation and did reserve a life estate in Fuller.

Exceptions overruled.

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