Hunt v. Comstock
New York Supreme Court
Landlord and tenant. Comstock commenced proceedings against Hunt, under the statute allowing summary proceedings, to recover the possession of land, 2 R.S. 512, §28, alleging, that Hunt was his tenant of certain premises, and held over after the expiration of his term. The case was tried by a jury, who found a verdict in favor of the landlord, and the judge before whom the proceedings were had issued a warrant for the removal of Hunt from the premises.
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Landlord and tenant. Comstock commenced proceedings against Hunt, under the statute allowing summary proceedings, to recover the possession of land, 2 R.S. 512, §28, alleging, that Hunt was his tenant of certain premises, and held over after the expiration of his term. The case was tried by a jury, who found a verdict in favor of the landlord, and the judge before whom the proceedings were had issued a warrant for the removal of Hunt from the premises. Hunt sued out a certiorari, from the return to which the following facts appear : on the 11th October, 1831, an instrument in writing was…
1Opinion of the Court
*667 By the Court,
Nelson, C. J.
Most of the objections taken to the proceedings before the judge under the statute depend upon the true construction of the contract of 11th Oct. 1831. If it does not amount to a lease, then the judge had no jurisdiction in the matter, and the whole proceedings are void. Comstock had bought of Hunt his farm, and the agreement in question was entered into to enable the latter to remain in possession of the dwelling-house, together with the use of some privileges appurtenant, for the fixed period of one year, “ and (using the words of the agreement) until said…
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