Supreme Judicial Court of Maine, 1850

Brock v. Berry

Brock v. Berry
Supreme Judicial Court of Maine · Decided July 1, 1850 · Howard, Orally
31 Me. 293
Brock v. Berry

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Howard, J., orally.

We hold, with the District Court, that the motion to abate the writ was too late.

The facts tend to show that the tenancy was at will; but the parties have agreed it was at sufferance. The owner, then, had no right to enter by force. The tenant was entitled to reasonable time in which to remove, and might stay till removed by legal process. The owner had a legal remedy; he adopted an illegal one. Action sustained.

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