Witbeck v. . Van Rensselaer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court dismissing plaintiff’s complaint. (Reported below, 2 Hun, 55 ; 4 T.'fe C., 282.) This action was brought by plaintiff as assignee of the lessee under one of the Van Rensselaer “ manor leases,” so called.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court dismissing plaintiff’s complaint. (Reported below, 2 Hun, 55 ; 4 T.'fe C., 282.) This action was brought by plaintiff as assignee of the lessee under one of the Van Rensselaer “ manor leases,” so called. The court found in substance as follows : Defendant Van Rens~ selaer obtained judgment against plaintiff in July, 1863, in an action of ejectment for the non-payment of rent, reserved in the lease. In 1864, Mr. Yan…
1Per curiam
The time within which the plaintiff could redeem was limited by statute to six months after the taking of possession of the demised premises by the landlord under an execution issued upon the judgment in ejectment recovered by him. (2 R. S., p. 506, § 33.) The same statute provides, that in case the rent and costs remain unpaid for six months after the execution is executed, the lessee shall be barred of all relief in law or equity. (2 R. S., 506, § 34.) The judgment in ejectment was recovered in July, 1863. A writ of possession thereon was issued on the 17th of January, 1867, returnable…
2Cases cited1 opinion
- Devoe v. ElliotNew York Supreme Court · 1804
3Cited by11 opinions
- Chuck v. Quan Wo Chong Co.California Supreme Court · 1889
- Ide v. FinnAppellate Division of the Supreme Court of the State of New York · 1921
- Magnaud v. TraegerCalifornia Court of Appeal · 1924
- Nourse v. LycettSupreme Court of Connecticut · 1932
- Bowar v. Chicago West Division Railway Co.Illinois Supreme Court · 1891
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