77 Vt. 177 | Vt. | 1905
The action, commonly called “justice ejectment,” was returnable before a justice of the peace, and brought under V. S. 1560, which provides that, when a lessee of lands or tenements, whether the lease is by writing or parol, or when a person holding under such lease, holds possession of said demised premises without right, after the determination of the lease by its own limitation, or after breach of a stipulation contained in the lease by the lessee or a person holding under him, the person entitled to the possession of the premises may have from a justice a writ to restore him to the possession thereof.
The right of* the plaintiff to maintain her action depended upon her showing facts which brought her case within this statute. The burden was on her to' show that the defendant was in the possession of the premises under a lease, written or parol, and that the lease had terminated by its own limitation, or that there had been a breach, on the part of the defendant, of a stipulation contained therein. The statute giving a justice jurisdiction in such cases applies to no other holding- of premises. It does not apply to a detainer of lands and tenements, unless they are held by a technical lessee after all title and right in him, both legal and equitable, has ceased.
There being no written agreement between the parties respecting the defendant’s occupancy of the premises, the plaintiff was not in a situation so- she could rightfully insist
Judgment affirmed.