Clarke v. Hughes
New York Supreme Court
This action was commenced upon an agreement made by and between the parties, on the 13th day of February, 1849, in which it was recited that by an indenture bearing date the 20th day of July, in the year 1797, George Clarke, the father of the plaintiff, demised to John Woolsey a certain farm in the county of Montgomery, known as farm number 15 in lot 19, in Corry’s patent, in the town of Charlestown, and that the plaintiff as the devisee of his said father, was then the…
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This action was commenced upon an agreement made by and between the parties, on the 13th day of February, 1849, in which it was recited that by an indenture bearing date the 20th day of July, in the year 1797, George Clarke, the father of the plaintiff, demised to John Woolsey a certain farm in the county of Montgomery, known as farm number 15 in lot 19, in Corry’s patent, in the town of Charlestown, and that the plaintiff as the devisee of his said father, was then the owner of the reversion in fee simple of the said farm, and had offered to sell the same, and the rents, issues and profits…
1Opinion of the Court
By the Court, Cady, J.
The words in the agreement, “ And also, that the said party of the second part shall take immediate possession of said farm, and shall pay all taxes of whatsoever kind, that may be assessed on the same, or that may be taxed or assessed to the said party of the first part, for or on account thereof,” were construed by Mr. Justice Paige as a cove*150nant on the part of the plaintiff that he would immediately give the defendant possession of the farm, and that he was bound to show a performance of that covenant before he could be entitled to recover any part of the…
2Cited by10 opinions
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Sands v. . HughesNew York Court of Appeals · 1873
- Barrett v. StradlWisconsin Supreme Court · 1889
- Christie v. . GageNew York Court of Appeals · 1877
- North v. HammerWisconsin Supreme Court · 1874
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