Legal Opinion

Rensselaer v. Snyder

New York Supreme Court

Decided September 2, 1850PublishedCited by 13 opinions

This was an action of ejectment for the non-payment of rent, brought to recover about eighty acres of lot lío. 133, in the town of Rensselaerville, in the manor of Rensselearwyck. The cause was tried at the Albany circuit in February, 1849, before Parker, justice.

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This was an action of ejectment for the non-payment of rent, brought to recover about eighty acres of lot lío. 133, in the town of Rensselaerville, in the manor of Rensselearwyck. The cause was tried at the Albany circuit in February, 1849, before Parker, justice. It appeared on the trial that the whole 9! lot lío. 133 was leased to one Benjamin B. Decker, by the late Stephen Van Rensselaer, on the 18th of December, 1794, by a perpetual lease in fee, by which was reserved, among other things, an annual rent of 22i bushels of wheat and four fat fowls, and one day’s service with carriage and…

1Opinion of the Court

By the Court, Parker, J.

Before proceeding to examine the legal effect, on the rights of these parties, of the act entitled “an act to abolish distress for rent and for other purposes,” passed May 13, 1846, it is necessary to understand clearly in what cases the plaintiff might have re-entered, before that act was passed.

By the lease in question the lessee covenanted to pay the rent on the 1st day of January of every year, and it was provided that if such rent remained unpaid for the space of 28 days, the lessor might prosecute to recover the same, or might collect it by distress and sale; and…

2Cases cited1 opinion

  1. Jackson ex dem. Van Rensselaer v. CollinsNew York Supreme Court · 1814

3Cited by13 opinions

  1. Zonker v. CowanIndiana Supreme Court · 1882
  2. State v. BowenWest Virginia Supreme Court · 1893
  3. Ex parte JoffeeeMissouri Court of Appeals · 1891
  4. Moore v. LetchfordTexas Supreme Court · 1872
  5. Hogaboon v. Town of HighgateSupreme Court of Vermont · 1883

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