Williams v. Woodard
New York Supreme Court
This was an action of covenant, tried at the Washington eircuit, in November, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges.
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This was an action of covenant, tried at the Washington eircuit, in November, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges. The plaintiff declared on an indenture of lease, made the 1st October, 1794, between Pierre De Peyster of the one part, and Joseph Dickinson of the other part, whereby the lessor demised unto the lessee, his executors, administrators and assigns forever, a certain farm containing 110 acres of land, reserving an annual rent of 26 ^ bushels of wheat; stating the entry of the lessee, a sale of the reversion to William Henderson, a transfer of…
1Opinion of the Court
By the Court, Savage, Ch. J.
The points arising in this " case, and necessary to be discussed, are the following : 1. Did the power from De Peyster to Cooper authorize the execution of the lease to Dickinson] 2. Did the plaintiff shew prima facie that the defendant was in possession as the assignee of Dickinson ] 3. Is payment to be presumed from lapse of time] 4. Was the evidence of the death of Dickinson properly admitted, and what is the effect of such proof 1 Another question was agitated on the trial, which should be noticed, viz. whether the lease conveyed an estate in fee or for life…
2Cited by30 opinions
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- Faulk v. DashiellTexas Supreme Court · 1884
- Price v. CourtneySupreme Court of Missouri · 1885
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
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