Titles to Real Property Acquired Originally And By Transfer Inter Vivos

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The tenant was in that case out of possession, and no one was in possession. Where that is so, the land- lord may enter if the term is at an end.
Thesiger.— In the case of Taylor v. Cole, 2 T. R. 292, it was held that the breaking was the gist of the action, and that the expulsion was merely aggravation.
Lord Lyndhurst, C. B. How do you say the tenancy was put an end to?
Thesiger.— The tenancy terminated on Midsummer-day.
Lord Lyndhurst, C. B. You distrain after that.
Ball. — There was also a d
...isclaimer by the plaintiff.
A witness for the defendant stated, that he called on the plaintiff in July or August, 1833, and told him that it was an injury to his landlord that he should stay in the house contrary to his agreement ; and that the defendant replied, that he would not go, as it was a com'- fortable thing to pay no rent, and that he would not leave for Mr. Gay, or Mr. Jury either.
Lord Lyndhurst, C. B. (in summing up.) Even if the plaintiff had promised to leave at a particular day, the conduct of the defend- Ch.


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