Powers v. Ingraham
New York Supreme Court
Error to the Cortland common pleas. Ingraham brought an action of ejectment against Powers in the court below, to recover lot No. 47 in the town of Solon.
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Error to the Cortland common pleas. Ingraham brought an action of ejectment against Powers in the court below, to recover lot No. 47 in the town of Solon. On the trial it appeared that the plaintiff below was the owner of the premises, and that on the 6th day of April, 1837, he contracted by deed to sell the lot to Powers for $300, payable as follows: $30 on the 20th of March then nest, and $50 on the 20th day of March in each of the four succeeding years, and the remainder on the 20th of March, 1843, with annual interest on all the payments. Powers was to clear the enclosed land within three…
1Opinion of the Court
By the Court,
Morehouse, J.
The principal question in this cause is, whether the defendant was entitled to notice to quit. The doctrine respecting notices to quit is as old as the Year Books, and had its origin in the manifest injustice of turning a tenant out of possession of land after he had sown it, without reasonable notice to quit. Six months or half a year was the time fixed by practice, subject to modifications from the nature of the letting, agreement of the parties, special custom, and the discretion of the court, determined by the circumstances of the case. (7 T. R. 81. 1 Esp. Rep.…
2Cases cited6 opinions
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Wright v. MooreNew York Supreme Court · 1839
- Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
- Jackson ex dem. Phillips v. AldrichNew York Supreme Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sievers v. BrownOregon Supreme Court · 1899
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Pierce v. TuttleNew York Supreme Court · 1868
- Smith v. GageNew York Supreme Court · 1863
- Burkhart v. Tucker, New York County Courts1899
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