Legal Opinion

Van Rensselaer v. Smith

New York Supreme Court

Decided May 3, 1858PublishedCited by 15 opinions

THE first of the above actions was brought for the recovery of rent accrued under three several demises in fee, of lands in Schodack, Rensselaer county, in all of which Stephen Yan Rensselaer was the lessor. The first was executed June 26, 1790, to Jacobus Decker, his heirs and assigns.

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THE first of the above actions was brought for the recovery of rent accrued under three several demises in fee, of lands in Schodack, Rensselaer county, in all of which Stephen Yan Rensselaer was the lessor. The first was executed June 26, 1790, to Jacobus Decker, his heirs and assigns. The second was executed to Samuel Hitchcock, his heirs and assigns, on the 4th of September, 1794. The third was executed to Jacob Smith, his heirs and assigns, on the 7th of November, 1794. Each lease contained a covenant on the part of the lessee, for himself, his heirs, executors, administrators or assigns,…

1Opinion of the CourtGould, J.

Although two of the cases above entitled are for the recovery of the rent arrears, and the other two are in ejectment, for the recovery of the lands, yet so many of the grounds taken for the defense are common to the two classes of suits, that it is perhaps as well to embrace all the points of the different defendants in one opinion; and thereafter, give the decision in each case, severally, by applying to it so much of the opinion as is appropriate thereto. And as we know by the great number of such suits upon our calendars, the real importance of a decision in any one; and are by the…

2Cases cited3 opinions

  1. Wood v. OakleyNew York Court of Chancery · 1845
  2. Williams v. PotterNew York Supreme Court · 1848
  3. Hunt v. ComstockNew York Supreme Court · 1836

3Cited by15 opinions

  1. Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
  2. Shaber v. St. Paul Water Co.Supreme Court of Minnesota · 1883
  3. Morrison v. . McDonaldSupreme Court of North Carolina · 1893
  4. Bay v. GageNew York Supreme Court · 1862
  5. Tyler v. HeidornNew York Supreme Court · 1866

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