151 Mass. 543 | Mass. | 1890
The court ruled that, upon the undisputed, evidence, the plaintiff was entitled to recover. Upon the facts in proof, this ruling could only rest upon one of two grounds,, either that the defendants were or.had been “lessees,” withim the meaning of the statute, or else that they unlawfully held possession of the premises by force. We must examine these two grounds in order.
1. By the Pub. Sts. c. 175, § 1, the special summary process for the recovery of land is authorized “ when the lessee of lands or tenements, or a person holding under such lessee, holds possession without right after the determination of a lease.” The defendants were in possession of the premises under an agreement by which they were to purchase the same, and they bad paid a part of the purchase money. They had no written agreement, or other instrument in writing, signed by the grantor, that they should have possession until a deed should be given, and their estate or interest therefore had the force and effect of an estate at will only. Pub. Sts. c. 120, § 3. Assuming that this estate or interest was duly determined by the execution of the
2. Nor could it properly be held that the evidence was sufficient to show clearly and beyond question that the defendants unlawfully held possession of the premises by force. • We need not consider what a jury might have been warranted in finding, upon the testimony. All we have to say is, that the evidence on this point was insufficient to enable the court to take the case from the jury. Saunders v. Robinson, 5 Met. 343. Benedict v. Mart, 1 Cush. 487. Commomwealth v. Shattuck, 4 Cush. 141. Larned v. Clarke, 8 Cush. 29.
3. There is a further small question as to the jurisdiction of the police court to try the case. But of this there is no doubt. Neither party requested the police court to remove the case to the Superior Court, and no order for its removal was passed. The police court, therefore, retained its jurisdiction. Pub. Sts. c. 155, § 24; c. 175, § 8.
New trial ordered.