Grannis v. Clark
Court for the Trial of Impeachments and Correction of Errors
On demurrer to the declaration. The first count set forth an indenture of lease made on the 5th day of April, 1825, in th.e testator’s lifetime, between him and the plaintiff, dated on the ■——day of April, 1825, by which the testator did demise, grant and to farm let unto the plaintiff a certain lot of ground described, for the term of 10 years from the 1st day of May, 1826, with a covenant by Delfín, that the plaintiff should have possession on that day, and another…
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On demurrer to the declaration. The first count set forth an indenture of lease made on the 5th day of April, 1825, in th.e testator’s lifetime, between him and the plaintiff, dated on the ■——day of April, 1825, by which the testator did demise, grant and to farm let unto the plaintiff a certain lot of ground described, for the term of 10 years from the 1st day of May, 1826, with a covenant by Delfín, that the plaintiff should have possession on that day, and another covenant that he should quietly possess during the term, with various covénants as to buildings and erections by the plaintiff,…
1Opinion of the Court
Curia, per Savage. Ch. J.
The defendant demurs; and assigns eleven causes of special demurrer to the first count, .and eight to the second. Upon the argument, the defendants’ counsel-stated six grounds of general demurrer,
I shall consider some of them. It is objected, that the lease should have been described as without date; it being, in fact, dated April-, 1825. The plaintiff has declared upon it as executed on the-5th day of that month. He is right in so declaring. -Should it turn out on trial that it was made on a different day, a question of variance may arise; but that is no cause of…
2Cases cited1 opinion
- Frost v. RaymondNew York Supreme Court · 1804
3Cited by24 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Stott v. RutherfordSupreme Court of the United States · 1876
- Hannan v. DuschSupreme Court of Virginia · 1930
- Burnap v. WightIllinois Supreme Court · 1853
- Fowler v. SmithCalifornia Supreme Court · 1852
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