Minister of the Reformed Protestant Dutch Church v. Veeder
New York Supreme Court
Demurrer to declaration in covenant for rent, containing two counts. In the first count it is stated that on the 24th February, 1716, Ryert Schermerhorn and four other persons patentees in trust for the (then town, now) city of Schenectady, demised to Peter Vrooman in fee certain premises, subject to certain rents, and that in pursuance thereof the lessee entered; that being so seised of the rents, the lessors, on the 6th October, 1716, by a certain indenture under seal,…
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Demurrer to declaration in covenant for rent, containing two counts. In the first count it is stated that on the 24th February, 1716, Ryert Schermerhorn and four other persons patentees in trust for the (then town, now) city of Schenectady, demised to Peter Vrooman in fee certain premises, subject to certain rents, and that in pursuance thereof the lessee entered; that being so seised of the rents, the lessors, on the 6th October, 1716, by a certain indenture under seal, remised, released and forever quit claimed the same rents unto Garret Simonse, John Delamont and four others, elders and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The demurrer being to both counts of the declaration, if either is good the plaintiffs will be entitled to judgment. I will consider the objections to both counts.
It is objected that the release from the patentees to the elders and deacons, being given to parties not in possession, passed no interest. It is true that a release is not the appropriate conveyance by which to transfer a rent. Technically it is given to some person having an interest in the premises, upon which the release is intended to operate. There can be no doubt that in this case the release was…
2Cases cited1 opinion
- Young v. BlackU.S. Circuit Court for the District of District of Columbia · 1807
3Cited by10 opinions
- Trustees in Trust for First Society of Methodist Episcopal Church v. ClarkMichigan Supreme Court · 1879
- Lane v. EatonSupreme Court of Minnesota · 1897
- Beckwith v. Rector, Wardens & Vestrymen of St. Philip's ParishSupreme Court of Georgia · 1882
- Thornton v. MulquinneSupreme Court of Iowa · 1861
- Miller v. ChittendenSupreme Court of Iowa · 1856
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