Loughran v. . Ross
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment dismissing the complaint, with costs. „ Action for breach of covenant of seizin and quiet enjoyment in a deed of two lots on Seventh avenue and Fifty-fifth street, 2sTew York, “ with the corner house, and the house on the adjoining lot.” The deed was made January 11, 1866, the premises then being in the occupancy of tenants under the defendant.
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Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment dismissing the complaint, with costs. „ Action for breach of covenant of seizin and quiet enjoyment in a deed of two lots on Seventh avenue and Fifty-fifth street, 2sTew York, “ with the corner house, and the house on the adjoining lot.” The deed was made January 11, 1866, the premises then being in the occupancy of tenants under the defendant. Up to May 1st, 1865, the premises had been" under lease for a term of years, and the buildings on the lots had been erected by the tenants. On…
1Opinion of the CourtAllen, J.
It is not claimed by the defendant that the tenants occupying the premises for the terms ending on the 1st of May, 1865, having erected the buildings during their tenancy, might not, during the continuance of their terms and their occupancy under the first leases, have removed the buildings; and the plaintiff does not deny, that after the expiration of the terms, and the tenants had ceased to occupy as tenants, their right to remove the buildings would have been lost; that a surrender of the premises would have been an abandonment of the claim to the buildings, and they would have become the…
2Cases cited1 opinion
- Reynolds v. ShulerNew York Supreme Court · 1826
3Cited by51 opinions
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- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
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