45 Vt. 50 | Vt. | 1872
The opinion of the court was delivered by
This suit was ejectment to recover possession of plaintiff’s homestead in Peacham.
The plaintiff resided on her homestead with an unmarried daughter, and while she was temporarily absent at Bradford, on a visit to her married daughter, the defendant intermarried with the maiden dáughter, on the 8th of May, 1863. The plaintiff returned- to her home in November, 1863, and occupied the house about a year, the defendant living in the house with the daughter. The daughter, up to the time of her marriage, lived with the plaintiff as a child and member of her family, without any contract or understanding as to her relation with the plaintiff; and after her marriage, the same relation continued as to herself and husband. After living so together for about a year, the plaintiff requested her attorney to make an arrangement with the defendant, either to buy, rent, or quit, the premises. He declined to make any arrangement.
The plaintiff then brought two successive suits in ejectment, and one in assumpsit for rent; all of which failed on technical grounds. Before commencing this suit, the plaintiff, on the 9th of May, 1870, caused notice to be served on the defendant to quit the premises on'the 15th of November following. The court find from the evidence, that the defendant was not tenant of the plaintiff, but that he had simply lived in her family, and on the premises, as the daughter had before her marriage. The relation between the parties — whether the defendant was in possession of the plaintiff’s premises as tenant, or otherwise — was a fact, and when found, is conclusive. But it is claimed by the defendant that the special facts found by the court, show that the defendant was tenant at will, and that this relation had been so continual that it had grown into a tenancy from year to year.
But, we think that, whether the defendant was in possession by his “implied license,” .or as tenant at sufferance, or at will, the relation was determined by the suit in ejectment instituted in May, 1867 ; and that, after that, he withheld the possession from the plaintiff wrongfully. The court allowed him to enjoy the emblements without paying rent, until the 18th of November following, which is a leniency, even to the utmost limits allowed by the “common law of England,” which the defendant so stoutly invokes.
The judgment of the county court is therefore affirmed. i