This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
A tenancy at will is a tenancy which is terminable at the volition of either the landlord or the tenant. We do not ordinarily speak of an estate at will, but nevertheless the interest of a tenant at will is properly ah estate,40 since he has not
35. Hungerford v. Clay, 9 Mod. 1; Willard v. Harvey, 5 N. H. 252; Holt v. Rees, 44 111. 30.
36. Morris v. Beebe, 54 Ala. 300.
37. Post Sec. 413 notes 81-86.
38. Post Sec. 413 notes 87-88.
39. McMillan v. Solomon, 42 Ala. 356, 94 Am. Dec. 654; Ains-worth v. Ritt, 38 Cal. 89; Stock-well v. Hunter, 52 Mass. (11 Metc.) 448, 45 Am. Dec. 220; Shawmut Nat. Bank v. City of Boston, 118 Mass. 125; Kerr v. Merchant's
Exch. Co., 3 Edw. Ch. (N. Y.) 315; Winton v. Cornish, 5 Ohio, 477; Harrington v. Watson, 11 Ore. 143, 50 Am. Rep. 465, 3 Pac. 173; Moving Picture Co. of America v. Scottish Union & National Ins. Co. of Edinburgh, 244 Pa. 358, 90 Atl. 642; MacNair v. Ames, 29 R. I. 16 Ann. Cas. 1208, 68 Atl. 950; Utah Optical Co. v. Keith, 18 Utah, 464; 56 Pac. 155; Schmidt v. Pet-tit, 8 D. C. (1 MacArthur) 179. 40. That he has an estate is only the possession, but also a right to the possession. This right, as against third persons, he may assert by an action of trespass41 or, it seems, an action of ejectment.42 He has a right to the possession even as against the landlord himself, in that the latter, until he has terminated the tenancy by demand or otherwise, cannot maintain ejectment against the tenant43 or summary proceedings under the statute44 or trespass to try title.45