Legal Opinion

Jackson ex dem. Whitbeck v. Deyo

New York Supreme Court

Decided August 15, 1808PublishedCited by 9 opinions

THIS was an action of ejectment, for land in Kinder-hook. The cause was tried before Mr. Justice Van Ness, a¡. t}le Columbia circuit, in October, 1807. Thomas L. Whitbeck became seised oí the premises in 1788, and died in 1798, without issue, leaving his father, 0ne of the lessors of the plaintiff, his heir at law.

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THIS was an action of ejectment, for land in Kinder-hook. The cause was tried before Mr. Justice Van Ness, a¡. t}le Columbia circuit, in October, 1807. Thomas L. Whitbeck became seised oí the premises in 1788, and died in 1798, without issue, leaving his father, 0ne of the lessors of the plaintiff, his heir at law. The defendant produced a contract, under the hand and geaj Qf Thomas L. Whitbeck, dated 5th °fuly, 1796, by . which, in consideration of 20/. he covenanted to convey the premises in question in fee, to Christenda Goes and Jldie Goes. The payment of the consideration money was _ , ,…

1Per curiam

The defendant has only an equitable title which cannot prevail against the legal estate.‡ And he cannot be entitled to a notice to quit, since the defendant claims to hold in fee ; and there is no tenancy whatever. It never has been decided, that a notice to quit was necessary, unless, where the relation of landlord and tenant existed. A mortgagor is quasi tenant at will. But here» there is no semblance of any such relation. We might as well require a previous notice to quit in every case.

Judgment for the plaintiff.

12Johns. 221.

2Cited by9 opinions

  1. McCarthy v. BrownCalifornia Supreme Court · 1896
  2. Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
  3. McClane v. WhiteSupreme Court of Minnesota · 1861
  4. Page v. ColeSupreme Court of Iowa · 1858
  5. Jackson ex rel. Walsh v. ColdenNew York Supreme Court · 1825

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