Jackson ex dem. Livingston v. Niven
New York Supreme Court
THIS was an action of ejectment, tried at the Columbia circuit, in October, 1812, before Mr. Justice Van Ness. The defendant gave in evidence a contract under the hands and seals of the parties, and. under which he had entered on the premises, dated 4th May, 1808, by which the lessor of the plaintiff agreed “ that he had sold and did sell” to the defendant, a certain farm, describing it, being the premises in question, for the consideration of 500 pounds, to be paid to the…
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THIS was an action of ejectment, tried at the Columbia circuit, in October, 1812, before Mr. Justice Van Ness. The defendant gave in evidence a contract under the hands and seals of the parties, and. under which he had entered on the premises, dated 4th May, 1808, by which the lessor of the plaintiff agreed “ that he had sold and did sell” to the defendant, a certain farm, describing it, being the premises in question, for the consideration of 500 pounds, to be paid to the plaintiff in four years; the first payment of 125 pounds, to be made on the 1st January, 1809, &c. with interest on the…
1Per curiam
The defendant, by the agreement, was to be entitled to a deed of the premises on the payment of certain moneys; but, in the mean time, he was put or continued in possession, and was to pay an annual rent, and the rent for one year at least, was paid and accepted. Whether the defendant would ever entitle himself to his deed was uncertain, but in the mean time he was a tenant, and paid rent as such, and was consequently entitled to notice to quit. The cases of Right v. Beard, (13 East, 209.) of Doe v. Watts, (7 Term Rep. 83.) and of Jackson v. Wilsey, (9 Johns. Rep. 267.) are much in point in…
2Cited by5 opinions
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