Van Rensselaer v. Jewett
New York Supreme Court
Ejectment, tried at the Albany circuit, in October, 1844, before Parker, Cir. J. The declaration was for a piece of land described by specifying the adjoining owners, and which was stated to be all the land in the possession of the defendant in the parcel of land theretofore demised by Stephen Van Rensselaer deceased, to William Davis.
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Ejectment, tried at the Albany circuit, in October, 1844, before Parker, Cir. J. The declaration was for a piece of land described by specifying the adjoining owners, and which was stated to be all the land in the possession of the defendant in the parcel of land theretofore demised by Stephen Van Rensselaer deceased, to William Davis. The plaintiff gave in evidence the counterpart of a conveyance in fee, by indenture, dated December 8th, 1813, from Stephen Van Rensselaer, described as the “proprietor of the manor of Rensselaenvick,” to William Davis, and executed by Davis, of a piece of land…
1Opinion of the CourtMcKissock, J.
There is a unity in the condition that cannot be broken, at least by the lessee, by any assignments or subdivisions of the premises. Whoever holds a part holds that part subject to the performance of the whole condition. That which is necessary to the existence of the whole must be necessary to the existence of the parts. Bach and all the holders are bound to see to it that the whole rent is paid. The plaintiff was right then in demanding the whole; and under that demand he has a right to bring actions against all the separate holders, however numerous. If this were not so, by what rule of…
2Cases cited3 opinions
- Townsend v. StateIndiana Supreme Court · 1828
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
- Jackson ex dem. Van Rensselaer v. HogeboomNew York Supreme Court · 1814
3Cited by15 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Rowe v. WilliamsMassachusetts Supreme Judicial Court · 1867
- Van Rensselaer v. . BallNew York Court of Appeals · 1859
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- The People v. . Van RensselaerNew York Court of Appeals · 1853
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