Jackson ex dem. Goose v. Demarest
New York Supreme Court
Ejectment for lands in Montgomery, in which a verdict was taken for the plaintiff, subject tp the opinion of the court on the following case: In, April 1773, Jelles Eonda demised to Frederick Goose, and Elizabeth, his wife, and their heirs forever, the premises in question, rent free for the first eight years, reserving from thenceforth forever thereafter, an annual rent of six pounds, with a power of re-entry in case the same should be unpaid for twenty-one days after due.
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Ejectment for lands in Montgomery, in which a verdict was taken for the plaintiff, subject tp the opinion of the court on the following case: In, April 1773, Jelles Eonda demised to Frederick Goose, and Elizabeth, his wife, and their heirs forever, the premises in question, rent free for the first eight years, reserving from thenceforth forever thereafter, an annual rent of six pounds, with a power of re-entry in case the same should be unpaid for twenty-one days after due. Under this lease Goose and his wife entered, and continued in possession till 1778, when they went into Canada, leaving…
1Opinion of the Court
Kent, Ch. J.
The lessor and his family abandoned the premises in 1778. In 1785', the landlord had a right to re-enter for non-payment of rent, and he then sold the land. In 1789; Kason, under his title takes possession. Here, then, is certainly 14 years’ possession, and after that we will presume a regular re-entry at common law. Ee-entry is a matter in pais, and not of record. In the case cited against Wilson, which was determined in January term, 1803, an affidavit of arrears was presumed. In the authority from the court of errors, the notice from the mortgagee was presumed to have been…
2Cited by2 opinions
- Jackson ex dem. Smith v. StewarthNew York Supreme Court · 1810
- Gourdin v. TheusSupreme Court of South Carolina · 1808