Sackett & Reed v. Barnum
New York Supreme Court
Landlord and tenant. Writs of ji. fa. upon judgments, .amounting to $800 and upwards, in favor of the above plaintiffs, were issued to the sheriff of Franklin county, in November, 1839, returnable in January following.
Read the full summary
Landlord and tenant. Writs of ji. fa. upon judgments, .amounting to $800 and upwards, in favor of the above plaintiffs, were issued to the sheriff of Franklin county, in November, 1839, returnable in January following. The sheriff levied, and on the 15th January, 1840, sold all the personal property of the defendant,, who was insolvent, for $163. R. A. & W. Weed, on the 23d December, 1839, gave the sheriff notice, that the sum of $210,61 was due to them from the defendant Barnum, for rent, as landlords of the premises on which the property was taken, which sum they claimed as a balance ofrent…
1Opinion of the Court
By the Court,
Bronson, J.
This was a contract for the sale of land. The consideration was to be paid in installments, and the conveyance fo be executed when the payments were completed. The vendee was to have possession of the property in the meantime, and to- pay interest on the purchase money. It was, for most purposes, equivalent to a present conveyance by the vendors, with a mortgage back to secure the payment of the purchase money. The several payments which the vendee was to make, were not a rent or return for the temporary enjoyment of the land— they were not reserved out of the annual…
2Cited by1 opinion
- Moulton v. NortonNew York Supreme Court · 1848