Jackson ex dem. Livingston v. Wilsey
New York Supreme Court
THIS was an action of ejectment, brought to recover lands in £he town of Gallatin, in the county of Columbia. The cause was tried at the Columbia circuit, in December, 18.11, before Mr. Justice Yates. The defendants' claimed the lands only which vsere formerly in possession of William Simmon, and disclaimed as to the residue of the land in their possession.
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THIS was an action of ejectment, brought to recover lands in £he town of Gallatin, in the county of Columbia. The cause was tried at the Columbia circuit, in December, 18.11, before Mr. Justice Yates. The defendants' claimed the lands only which vsere formerly in possession of William Simmon, and disclaimed as to the residue of the land in their possession. They admitted that the premises in question were within that part of the manor of Livingston, which fell to the share of John Livingston, one .of the lessors of the plaintiff. The plaintiff gave in evidence a lease i Robert Livingston, the…
1Per curiam
Without noticing the question as to the constracp tion of this lease, in relation to the boun .nies of the demised premises, we think a new trial must be ; r cited, on the ground that the defendants were entitled to notice to quit. What was the rent reserved in this lease does not appear by the case. The receipts set forth, show the rent to have been paid for the farm occupied by the defendants, and, of course, paid for the premises in question. By this payment, and the acceptance of rent, the defendants became tenants from year to year ; and, according to the settled rules of law, were…
2Cited by7 opinions
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
- Hall v. MyersCourt of Appeals of Maryland · 1876
- Leidy v. TammanySupreme Court of Pennsylvania · 1840
- Chase v. Second Avenue RailroadThe Superior Court of New York City · 1882
- Lessee v. CableOhio Supreme Court · 1831
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