Van Rensselaer v. . Dennison
New York Court of Appeals
Action to recover the possession of real estate, consisting of a farm in Greenbush, in the county of Rensselaer, containing 201 4/10 acres, particularly described in the complaint.
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Action to recover the possession of real estate, consisting of a farm in Greenbush, in the county of Rensselaer, containing 201 4/10 acres, particularly described in the complaint. The action was commenced in October, 1861. On the trial, before a referee, it was proved, on the part of the plaintiff, that, on the 4th of November, 1789, Stephen Van Rensselaer, since deceased, and Jacob Van Iveren and Gysbert Yan Iveren, mutually executed and delivered an indenture in duplicate, bearing date on that day, whereby the said Stephen, in consideration of a nominal sum of money, then paid to him, and…
1Opinion of the CourtSmith, J.
The counsel for tne appellant are correct in their position, that the conveyance in fee, executed by Stephen Van Rensselaer to the Yan Iverens, in 1789, operated as an assignment, and not as a lease, and left neither any reversion nor possibility of reverter in the grantor. That point has been repeatedly adjudged by this court, in cases arising upon indentures similar, in all material respects, to the conveyance referred to. (2 Seld., 467; 19 N. Y., 68; 26 id., 558.) The cases which thus hold, proceed upon the ground that, since the act of 1787, concerning tenures (whatever was the law before…
2Cases cited2 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Van Rensselaer v. . SlingerlandNew York Court of Appeals · 1863
3Cited by13 opinions
- Brown v. CairnsSupreme Court of Iowa · 1898
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- Millikan v. HunterIndiana Supreme Court · 1913
- Crawford v. WitherbeeWisconsin Supreme Court · 1890
- Martin v. . RectorNew York Court of Appeals · 1890
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