Jackson ex dem. Livingston v. Kisselbrack
New York Supreme Court
THIS was an action of ejectment for lands in the town of Gallatin, in the. manor of Livingston. The cause was tried in September, 1812, before Mr. Justice Van Ness. The title of the lessor to the manor of Livingston was admit- ted.
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THIS was an action of ejectment for lands in the town of Gallatin, in the. manor of Livingston. The cause was tried in September, 1812, before Mr. Justice Van Ness. The title of the lessor to the manor of Livingston was admit- ted. The defendant gave in evidence the following instrument: “ Memorandum of an agreement made the 15th January, 1798, between Henry Livingston, of Ancram, and Yury Kisselbrack, of the town of Livingston, witnesseth, that the said Henry Livingston hath set and to farm let unto the said Yury Kisselbruck that farm, &c. situate, &c. in the manor of Livingston, See. .for…
1Opinion of the CourtSpencer, J.
The question presented by this case is, whether the instrumentproducedamounted to an actual lease, or only to an agreement for a lease. There are words of present demise, to wit, “ Hath set and to farm let” The estate granted and the terms of the demise are quite definitive and explicit; but it provides that a lease shall be given at a future day. This last circumstance has generally given a character to •the instrument, of an agreement for a lease, as contradistinguished from a present demise. None of the cases will be found to contradict the position that where there are apt words of…
2Cited by10 opinions
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- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Weed v. Lindsay & MorganSupreme Court of Georgia · 1892
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
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