University of Vermont v. Joslyn
Supreme Court of Vermont
This was an action of covenant for the non-payment of rent reserved in a lease of twenty five acres of land, in Johnson, from the plaintiffs to Lemuel Chandler, dated February 27,. 1832, and the title to which it was alleged had passed, by several mesne assignments, from Chandler, to the defendant; the suit was commenced before a justice of the peace, and came to the county court by appeal.
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This was an action of covenant for the non-payment of rent reserved in a lease of twenty five acres of land, in Johnson, from the plaintiffs to Lemuel Chandler, dated February 27,. 1832, and the title to which it was alleged had passed, by several mesne assignments, from Chandler, to the defendant; the suit was commenced before a justice of the peace, and came to the county court by appeal. The plaintiff pleaded, First, That the lease described in the declaration, was not the deed of Chandler; — Secondly, That all the estate, title, &c. of Chandler, in the premises, did not, by assignment…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case came to the county court upon an appeal from a justice’s court; and in the county court the defendant, for the first time, filed his motion to dismiss the cause; which was overruled in that court, and we think rightly. It is claimed, that this action is local and should have been brought in the county in which the lands are situate. It is doubtless true, that, at common law, actions of covenant to recover rent, founded upon privity of estate, as in this case, where the action is against the assignee of the lessee, are local. But…
2Cases cited5 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Lansing v. Van AlstyneNew York Supreme Court · 1829
- Van Hoesen v. BenhamNew York Supreme Court · 1836
- Lansing v. Van AlstyneNew York Supreme Court · 1829
- Cheney v. GatesSupreme Court of Vermont · 1840
3Cited by16 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
- Edmonds v. MounseyIndiana Court of Appeals · 1896
- Dieter v. ScottSupreme Court of Vermont · 1939
- Collamer v. PageSupreme Court of Vermont · 1862
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