Tone v. Brace
New York Court of Chancery
The defendant who was owner of a farm in Gene-see county,, demised and leased the same to the complainant, for five years from the first day of April, 1837, at an annual rent of $550, payable on the first day of January, in each year, during the continuance of the term, and with the farther privilege of sowing on the farm an out going crop of wheat, not exceeding fifty acres, and of removing and harvesting such crop, notwithstanding the five years had expired.
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The defendant who was owner of a farm in Gene-see county,, demised and leased the same to the complainant, for five years from the first day of April, 1837, at an annual rent of $550, payable on the first day of January, in each year, during the continuance of the term, and with the farther privilege of sowing on the farm an out going crop of wheat, not exceeding fifty acres, and of removing and harvesting such crop, notwithstanding the five years had expired. The complainant went into possession by himself or his tenant, and paid the rent for the first two years, and in the fall of the third…
1Opinion of the Court
The Vice Chancellor.
This case was before *506me in August last, upon a motion to dissolve the m-junction* It was then briefly argued, and the opinion directing the dissolution of the injunction was briefly expressed, and püt upon the ground that if the complainant had any remedy upon the covenants of his lease, he had an adequate remedy at law, and could not come here unless the defendant was insolvent; which was denied. (Ante, p. 291.)
The complainant, in his argument upon this petition, has gone into the whole merits of his case, and the original right-to an injunction in this suit, and the…
2Cases cited8 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Kinney v. WattsNew York Supreme Court · 1835
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
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