Van Rensselaer v. Poucher
New York Supreme Court
'Demuekee to pleas. The declaration was in covenant. The first count set forth that on the 20th of November, 1759, John Tan Rensselaer executed a deed indented of bargain and sale in fee to Andreas Muller, of a certain farm in Claverack, which was described; on condition that Muller and his heirs should pay to Tan Rensselaer, his heirs, executors, administrators and assigns, as a yearly rent for said land, the yearly tenth of all the profits thereof, and four fat hens; that…
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'Demuekee to pleas. The declaration was in covenant. The first count set forth that on the 20th of November, 1759, John Tan Rensselaer executed a deed indented of bargain and sale in fee to Andreas Muller, of a certain farm in Claverack, which was described; on condition that Muller and his heirs should pay to Tan Rensselaer, his heirs, executors, administrators and assigns, as a yearly rent for said land, the yearly tenth of all the profits thereof, and four fat hens; that Muller, by the same deed covenanted to pay the jmarly tenth and the fat hens. It was then averred that Muller entered,…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
It was agreed by the counsel for both parties on the argument of this case, that it presented but a single question, and which was admitted to be identical with the main point decided by this court in the case of Vanderheyden v. Crandall, (2 Denio, 9.) We were asked to reconsider that question, because, as suggested, an element indispensable to a right decision, and of itself conclusive on the point, had been overlooked on the argument and in pronouncing judgment in that case. Although a point once solemnly adjudged must, ordinarily, be held conclusive by the…
2Cases cited1 opinion
- Vanderheyden v. CrandallNew York Supreme Court · 1846
3Cited by7 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Hunter v. HunterNew York Supreme Court · 1853
- Wingard v. CopelandWashington Supreme Court · 1911
- Meehan v. DobsonNew York Supreme Court · 1911
- Wood v. TaylorThe Superior Court of the City of New York and Buffalo · 1894
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