Jackson ex dem. Ostrander v. Rowan
New York Supreme Court
THIS was an action of ejectment, tried before Mr. Justice Yates, at the Washington circuit, in June, 1812. The demise from the lessor was laid on the 1st day of May, 1811. The plaintiff gave in evidence a written agreement between the lessor and • the defendant, dated the 9th of April, 1811, by which the lessor - covenanted to give the défendant a warranty deed, in fee, for the premises in question, on the 10th of July then next, provided the defendant, on the delivery of…
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THIS was an action of ejectment, tried before Mr. Justice Yates, at the Washington circuit, in June, 1812. The demise from the lessor was laid on the 1st day of May, 1811. The plaintiff gave in evidence a written agreement between the lessor and • the defendant, dated the 9th of April, 1811, by which the lessor - covenanted to give the défendant a warranty deed, in fee, for the premises in question, on the 10th of July then next, provided the defendant, on the delivery of the possession, paid the lessor 106 dollars, and 400 dollars on the 10th of July then next, with interest, and gave a bond…
1Per curiam
At the date of the demise, on the 1st of May, 1811, the possession of the defendant was lawful, and not tortious. He entered on the premises the 15th of April preceding, under an agreement of the lessor to sell. That agreement purported that possession was to be delivered, oh the payment of 100 dollars; and the defendant paid, that sum on taking possession under the agreement. He was, consequently, entitled to a notice to quit, or a demand of possession, before suit brought, and the case of Right v. Beard (13 East, 210.) is in point. The court are, accordingly, of opinion, that upon this…
2Cited by6 opinions
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
- Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
- Hope v. CasonCourt of Appeals of Kentucky · 1843
- Costigan v. WoodU.S. Circuit Court for the District of District of Columbia · 1838
- Freeman v. HeadleySupreme Court of New Jersey · 1867
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