Sylvester v. Ralston
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. The plaintiffs are infant children of J ohn A. Sylvester, late of Denmark, Lewis county, deceased, who died in September, 1850. This suit was commenced about January 23d, 1854, to recover for use and occupation of certain lands, inherited hy the plaintiffs from their father.
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APPEAL from a judgment entered at a special term, upon the report of a referee. The plaintiffs are infant children of J ohn A. Sylvester, late of Denmark, Lewis county, deceased, who died in September, 1850. This suit was commenced about January 23d, 1854, to recover for use and occupation of certain lands, inherited hy the plaintiffs from their father. Lucy Ann Sylvester, the mother of the plaintiffs, was living when the suit was commenced, having intermarried with Alvin H. Hall on the 30th day of March, 1853. The plaintiffs had no guardian until the appointment of the said A. H. Hall,…
1Opinion of the Court
By the Court, Pratt, J.
There seem to be two difficulties in the way of the plaintiffs’ recovering, in this case. First. The defendant went into possession under a contract to purchase, and not as tenant. The contract not having been performed by the vendors, the defendant incurred no liability to them by leaving the premises. Had the vendors been the owners of the land, it is clear that they could not have sustained an action, either upon the contract or for use and occupation. They could not have sustained the former, for the reason that they had not performed on their own part; and they…
2Cases cited5 opinions
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bancroft v. WardwellNew York Supreme Court · 1816
- Pond v. CurtissNew York Supreme Court · 1831
- Pierce v. PierceNew York Supreme Court · 1857
- Jackson ex dem. Davy v. De WaltsNew York Supreme Court · 1810
3Cited by9 opinions
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Matter of Application of Mary E. HynesNew York Court of Appeals · 1887
- Thompson v. BowerNew York Supreme Court · 1871
- Bartholomew v. LyonNew York Supreme Court · 1874
- Emerson v. SpicerNew York Supreme Court · 1869
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