Brock v. Berry

Howard, J., orally. We hold, with the District Court, that the motion to abate the writ was too late. The facts tend to show that the tenancy was at will; but the parties have agreed it was at sufferance. The owner, then, had no right to enter by force. The tenant was entitled to reasonable time in which to remove, and might stay till removed by legal process. The owner had a legal remedy; he adopted an illegal one. Action sustained.