Hosford v. . Ballard
New York Court of Appeals
Appeal from a judgment of the Supreme Court in the Third District, affirming the judgment rendered for the Plaintiff at Special Term, on a verdict rendered in pursuance of an express instruction by the Judge to the jury, directing them to find for the Plaintiff.
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Appeal from a judgment of the Supreme Court in the Third District, affirming the judgment rendered for the Plaintiff at Special Term, on a verdict rendered in pursuance of an express instruction by the Judge to the jury, directing them to find for the Plaintiff. The action is brought to recover the possession of certain land in the town of .Halcott, in the county of Greene, being lot No. 16, in lot No. 36, in lot No. 20, in the Hardenburgh patent, claimed in fee by the Plaintiff, by reason of the breach of the condition of a grant or lease thereof in fee by George Stephenson and Jane his…
1Opinion of the CourtWoodruff, J.
I find but two questions in this case which were not raised and decided in Van Rensselaer v. Barringer, heard at the same term and now decided.
First. Was the title of Jane Sterling, prior to her conveyance to Tenent Peck, sufficiently shown?
Second. Was the Plaintiff entitled to recover without proof of a demand of the rent which became due on the 1st of May, 1860?
On the first question it must suffice to say, that proof of a conveyance to Jane Sterling forty years before the commencement of the action, and proof of the payment of the rent, reserved in her grant, to her heir-at-law and her…
2Cases cited4 opinions
- Van Rensselaer v. . SnyderNew York Court of Appeals · 1855
- Van Rensselaer v. . BallNew York Court of Appeals · 1859
- Jackson ex dem. Van Rensselaer v. CollinsNew York Supreme Court · 1814
- Keeler v. DavisThe Superior Court of New York City · 1856
3Cited by13 opinions
- Atlantic & Pacific Railroad v. MingusSupreme Court of the United States · 1897
- Plumb v. . TubbsNew York Court of Appeals · 1869
- Urban Investment & Development Co. v. Maurice L. Rothschild & Co.Appellate Court of Illinois · 1975
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- Earl v. NalleyAppellate Division of the Supreme Court of the State of New York · 1948
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