Jackson ex dem. Myers v. Elsworth
New York Supreme Court
EJECTMENT for the non-payment of rent, tried at the Columbia Circuit, in November, 1821, before Mr. Justice Van Ness. The premises in question were demised, on the 1st of November, 1797, by Robert R. Livingston, since de- ® ceased, to the lessor of the plaintiff, for his natural life, and the life °f wife, reserving an annual rent of 82 dollars.
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EJECTMENT for the non-payment of rent, tried at the Columbia Circuit, in November, 1821, before Mr. Justice Van Ness. The premises in question were demised, on the 1st of November, 1797, by Robert R. Livingston, since de- ® ceased, to the lessor of the plaintiff, for his natural life, and the life °f wife, reserving an annual rent of 82 dollars. The lease contained a clause, or covenant, that in case the rent should be in arrear and unpaid, for twenty days, next after the same should become due; or, if the lessee, his heirs or assigns, shall not take possession and improve the premises…
1Opinion of the CourtWoodworth, J.
The first question arising in this case is, whether the laps© of time will warrant the presumption that Livingston, the landlord, made a regular re-entry for non-payment of rent. It appears that Myers, the plaintiff, who was tenant for life,, left the premises in 1810, and thereupon Livingston entered, and afterwards, on the 18th of April, 1811, executed a lease to the defendant, during the lives of his wife and son, by virtue of which lease the defendant entered, and is now in possession. The present action was commenced ten years and a few months after the plaintiff left the possession ;…
2Cited by6 opinions
- Alexander v. WalterCourt of Appeals of Maryland · 1849
- Jackson ex dem. Wilkins v. LambNew York Supreme Court · 1827
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
- Allen v. BrownNew York Supreme Court · 1871
- Bradt v. ChurchNew York Supreme Court · 1886
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