Van Doren v. Everitt
Supreme Court of New Jersey
THIS cause was tried in the Middlesex circuit, in June terra 1817. The case made out on the trial was this: Benjamin Doughty,. as guardian of Thomas S. Everitt and pfo sjsfer on the loth of February 1813, made a lease of their lands to the plaintiffs for the term of two years fr°m the first of April then next, containing special agreements for particular privileges and duties, (as per lease.) defendant attained his age of 21 years on the 22nd of July 1814. The plaintiffs…
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THIS cause was tried in the Middlesex circuit, in June terra 1817. The case made out on the trial was this: Benjamin Doughty,. as guardian of Thomas S. Everitt and pfo sjsfer on the loth of February 1813, made a lease of their lands to the plaintiffs for the term of two years fr°m the first of April then next, containing special agreements for particular privileges and duties, (as per lease.) defendant attained his age of 21 years on the 22nd of July 1814. The plaintiffs continuing in possession, under their lease, the defendant gave them notice in the Usual form to quit, &c. at the…
1Opinion of the Court
Kirkpatrick C. J.
Upon this case I observe.
1. A guardian appointed by the Orphans’ Court in one of our counties, under the statute, supplies the place of both a guardian for nurture and a guardian in soccage, in the ancient law. Such guardian has not only the custody of the person, but also the care of the land, (a) This it is presumed will not be questioned.
A guardian in soccage then has not only the care of the land, but also an interest in it. He is said to be Dorn,inns pro tempore, and to have the seizin of the land, una cum exitilms. He may let it for years and the lessee may have an…
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