Jackson ex dem. Van Schaick v. Vincent
New York Supreme Court
This was an action of ejectment, tried at the Saratoga circuit in May, 1828, before the Hon. Nathan Williams, one of the circuit judges. Anthony Van Schaick, by his last will and testament bearing date 17th August, 1781, devised all his real estate to his wife Christina for life, with remainder to his daughter Anna) the wife of John G. Van Schaick, in fee.
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This was an action of ejectment, tried at the Saratoga circuit in May, 1828, before the Hon. Nathan Williams, one of the circuit judges. Anthony Van Schaick, by his last will and testament bearing date 17th August, 1781, devised all his real estate to his wife Christina for life, with remainder to his daughter Anna) the wife of John G. Van Schaick, in fee. On the 28th February, 1784, Christina Van Schaick, John G. Van Schaick and Anna his wife, demised lots Nos. 71 and 99 in the Half-moon or Van Schaick’s patent to the defendant for the term of 67 years, reserving an annual rent of £9. The…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first proposition advanced by the judge does not appear to be disputed, that the lease was prima facie evidence of title in the lessors. But it is contended by the defendant’s counsel, that the remedy of the landlord must be upon the lease, either for a forfeiture or for non-payment of rent, when the precise sum must be demanded, if he proceeds at common law, or want of sufficient distress under the statute must be shewn; and it is argued that the parol disclaimer shewn in this case is not enough to Work a forfeiture. It has been often decided by this court that…
2Cited by12 opinions
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- Jackson v. BradtNew York Supreme Court · 1804
- Wells v. SheererSupreme Court of Alabama · 1884
- De Lancey v. . GanongNew York Court of Appeals · 1853
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