Central Bank of Troy v. . Heydorn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought in March, 1862, to recover of the defendant rent for certain premises in the county of Rensselaer.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought in March, 1862, to recover of the defendant rent for certain premises in the county of Rensselaer. The allegations in the complaint were denied, and as a further defence the defendant alleged “that neither the plaintiff, nor his ancestor, predecessor or grantor was seized or possessed of the premises in question within twenty years before the commencement of this action, nor within twenty, years…
1Dissent
The present is an action for the recovery of rent upon one of the Van Rensselaer titles, which have been so frequently before this court. The general principles affecting these conveyances are well settled. It has been held that the conditions contained in them, that the grantee should pay rent, and that the grantor or his assignee might bring his action of covenant for the rent, or that he might re-enter upon condition broken by the grantee or his assignee, are valid. (De Peyster v. Michael, 6 N.Y., 648;Van Rensselaer v. Hayes, 19 N.Y., 68; The Same v. Ball, id., 100; The Same v. Dennison,…
2Cases cited6 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Van Rensselaer v. . DennisonNew York Court of Appeals · 1866
- Fox v. PhelpsNew York Supreme Court · 1838
- Tyler v. HeidornNew York Supreme Court · 1866
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