—or whether his residence on the employer's property should be deemed to be merely incidental and in aid of his employment, and hence to involve no possessory interest in the realty.

—contract with farmer to cultivate farm does not create landlord-tenant relationship where worker occupies farm buildings during employment

Where a person is occupying the buildings on a farm, which he is cultivating under a contract with the owner for a share of the crop, a justice of the peace has no jurisdiction to remove him by proceedings under this section.

Where the facts stated in the affidavit do not show the existence of the relation of landlord and tenant, the court does not acquire jurisdiction, though such relation is stated in the affidavit as a conclusion of law.

This decision was bitterly assailed by Gray in his treatise (appendix G) since he thought it was a dangerous thing to tamper with this ancient English rule "which is concatenated with almost mathematical precision."

In a proceeding brought under the eleventh section of the Landlord and Tenant Act (amended by PL 1901, p. 67) to recover possession of lands and premises, the facts out of which the relation of landlord and tenant is claimed to arise must be set forth in the affidavit; it is not enough that the affiant swears that the person in possession is her tenant, or that the premises …

The only question which can be considered on certiorari to review such proceedings is that of jurisdiction.

—the farm as rent for the land he had the absolute use of. Now, it impresses me that the case before me comes as near to the old-fashioned idea of the true criterion of the relation of landlord and tenant as is possible, without the unqualified agreement to pay money. In ordinary cases of tenancy the contract is that the occupant will pay a sum certain for the use of the …

At common law, one who occupied premises as an employee of the owner and received the use of the premises as part compensation for his services or under a contract of employment was not considered a tenant.

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