Bradt v. . Church
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 11, 1886, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and directed a new trial. (Reported below, 39 Hun, 262.) This was an action of ejectment to recover possession of certain lands in Albany county. The material facts are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 11, 1886, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and directed a new trial. (Reported below, 39 Hun, 262.) This was an action of ejectment to recover possession of certain lands in Albany county. The material facts are stated in the opinion. The rule that a tenant cannot dispute the title of his landlord does not extend to preclude him from rendering his possession adverse. The tenant may forfeit his lease before the expiration of his term…
1Opinion of the Court
Gray J.
The lands, for the recovery of the possession of which this action was brought, were covered by a Yan Rensselaer manorial, perpetual lease, made in 1794. These leases have been frequently the subject of judicial examination by the courts of this state, and by various decisions of this court the general principles affecting them are well settled. Their covenants and conditions are valid, and they are binding upon the heirs or assigns of the original grantee and available to and enforceable by the successors in interest of the original grantor. (See Van Rensselaer v. Hays, 19 N. Y. 68;…
2Cases cited10 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Sands v. . HughesNew York Court of Appeals · 1873
- Jackson v. RightmyreNew York Supreme Court · 1819
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Munro v. Syracuse, Lake Shore & Northern RailroadNew York Court of Appeals · 1910
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.