Chesterman v. Gardner
New York Court of Chancery
BILL, filed October 12th, 1819, stated, that on the 2d of July, 1817, the defendants, for the consideration of 3,000 dollars paid to them, leased to the plaintiff a house and lot. in the City of New-York, for the terra of nine years, from the 1st of May, 1817. The lease contained a covenant on the part of the defendants, for quiet enjoyment during the term.
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BILL, filed October 12th, 1819, stated, that on the 2d of July, 1817, the defendants, for the consideration of 3,000 dollars paid to them, leased to the plaintiff a house and lot. in the City of New-York, for the terra of nine years, from the 1st of May, 1817. The lease contained a covenant on the part of the defendants, for quiet enjoyment during the term. At the time the lease was executed, the defendant W. G. was the assignee of a mortgage on the premises, which was then unknown to the plaintiff; and G. G. had purchased the equity of redemption of the premises under a sale thereof, on…
1Opinion of the Court
The Chancellor.
There is no sufficient ground dig--dosed in this case for the interference of the Court.
The defendants leased a house and lot, in the City of New-York, to the plaintiff, for nine years, for the sum of 3,000 dollars, which was paid. The lease contained a covenant on the part of the defendants for quiet enjoyment during the term. At the date of the lease the defendant W. G. was assignee of a mortgage upon the premises, and the defendant G. G. was assignee of the equity of redemption, and between them both united the title. Pending the lease, the defendant W. G. assigned the…
2Cases cited1 opinion
- Abbott v. AllenNew York Court of Chancery · 1817
3Cited by10 opinions
- Coari v. OlsenIllinois Supreme Court · 1878
- Pell v. McElroyCalifornia Supreme Court · 1868
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Buckner v. StreetDistrict Court, E.D. Arkansas · 1882
- Hull v. NobleSupreme Judicial Court of Maine · 1885
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