Jackson ex dem. Colden v. Rich
New York Supreme Court
THIS was an action of ejectment, tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness. The plaintiff claimed the premises for breach of a covenant contained in a lease, made by Alexander Colden, under whom the plaintiff claimed, to James Hay, dated the 29th March, 1804, for the term of 21 years.
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THIS was an action of ejectment, tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness. The plaintiff claimed the premises for breach of a covenant contained in a lease, made by Alexander Colden, under whom the plaintiff claimed, to James Hay, dated the 29th March, 1804, for the term of 21 years. The lessee covenanted, for himself, his executors, administrators and assigns, that if he should transfer the lease to any person, or desert the premises, any rent being in arrear, or should, at any time during the term, suffer or permit more than one family or tenant to every…
1Per curiam
There can be no question as to the forfeiture of the lease. There was to be but one family or tenant for every 100 acres, and there were three families on the premises, which contained only 105 acres. The sense of the court on this covenant, was before expressed in two different causes, brought by the same plaintiff. (1 Johns. Rep. 267. 273.) The matter arising since issue was joined, was properly rejected. Many terms of this court had intervened since it arose, and the rule is well settled, that matter arising after issue joined, and good by way of plea puis darrein continuance, must be…
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