| Volume 194, Page 706 View pdf image (33K) |
 |
|
|
 |
|
|
706 29 CAR. 2, CAP. 3, STATUTE OF FRAUDS. attorney for another shall describe himself in, and sign the deed as agent or attorney, and see Howard v. Carpenter, 11 Md. 239. As to acknowledg- ments by Attorney, see Onion's lessee v. Hall, 1 H. & McH. 173; EIliott v. Osborn, ibid. 146. Estate« at will—Ettate* from year to year.—The law with regard to estates at will is laid down in Co. Lift. 55 a, et seq., see also Matthews v. Ward, 10 G. & J. 443; Gwinn v. Jones, 2 G. & J. 178; and a demise, which shows the intention of the parties to be evidently to create a ten- ancy at will, will be so construed by the Courts, see Doe v. Cox, 11 Q. B. 521 122; mere permission* to occupy constitutes a tenancy at will only. Doe v. Wood, 14 M. & W. 682. But the Courts have of late years leaned as much as possible against construing demises, in which no certain term is expressed, as tenancies at will, and have rather held them to be tenancies from year to year, so long as both parties agreed, and deter- minable by either party on reasonable notice, fixed by usage, as the law formerly stood, at half a year, and, with us, by positive law at six months, see Clayton v. Blakey, 2 Smith Lead. Cas. 88; Hall v. Hall, 6 G. & J. 386.23 But to establish a tenancy from year to year, there must be some circum- stances to show the intention, such as the payment of rent quarterly, or for some other aliquot part of a year, Doe v. Wood supra. If this estate is created by agreement of the parties the contract may be verbal, provided the rent reserved be two-thirds at least of the value of the land demised; if the rent be under that amount, the contract must be in writing. But the law will also imply a tenancy from year to year in all cases where there is an occupation of premises ordinarily let from year to year at an annual rent, and no evidence is given to show that the estate of the occupier is of a different description, though it is open both to him who pays and him who receives the rent to prove the circumstances under which the payment was made, as for instance, where the receipt of rent takes place under a mistake as to the determination of the lease, which had been improperly concealed from the plaintiff. Doe v. Crago, 6 C. B. 90. If a man be let into possession under a parol demise for more than three years, though it will not pass an interest for the term intended, the lessee will be considered as holding from year to year, on such of the terms of the agreement as are consistent with that tenancy, Anderson v. Critcher, 11 G. & J. 450; Richardson v. Gifford, 1 A. & E. 52; Lee v. Smith, 9 Exch. 662;23 Tress v. Savage, 4 E. & B. 36, where it was held that in the case of an agreement to lease for three years, void as a lease by Statute, the tenant was bound to quit at the end of three years without a prvious noice to quit, and see Doe v. Moffatt, 16 Q. B. 257. A parol demise under the second section may he as special in its terms and eon- tain the same stipulations as a regular lease, and such stipulations may be proved by parol. Lord Bolton v. Tomlin, 5 A. & E. 856, and see Dailey " Faiek v. Barlow, 110 Md. 164. 2S The same is true in the case of an unrecorded -written lease for more than seven years. Falck v. Barlow, 110 Md. 169. See also Kinsey v. Minnick, 43 Md. 121; Emrich v. Union Co., 86 Md. 482; Bonaparte v. Thayer, 95 Md. 648. |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 706 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives