English Law And Irish Tenure

Cover English Law And Irish Tenure
English Law And Irish Tenure
Frederick Waymouth Gibbs
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As a matter of law, he held him to be a ten- ant from year to year ; and the case to be governed by the rule of law that a tenant from year to year who makes permanent improvements without any expecta- tion held out by his landlord, does not thereby raise an equity as against the landlord, though the landlord may have looked on and not given any warning to the tenant. He concluded his judgment in these words : — ** Even if the Eev. Dr. O'Fay had no claim, except as tenant from year to year, I h...ave no hesitation in stating that, although in point of law, on the authorities I have referred to, and particu- larly the case of Pilling v. Armitage, the petitioner's suit could not be sustained, yet nothing can be more repugnant to the principles of natural justice than that a landlord should look on at a great expenditure carried on by a tenant from year to year, without warning the tenant of his intention to put him out of possession. 78 The defendant's offer to allow Dr. O'Fay to remove the buildings was a mockery.

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