Sharpe v. Kelley
New York Supreme Court
Ejectment, tried at the Albany circuit, in April, 1845, before Parker, Cir. J. The plaintiff sought to recover three undivided seventh parts of a lot of land with buildings thereon in the city of Albany. He, and six other persons, his brothers and sisters, all minors, owned the premises in question as tenants in common, on and previous to 1835. The property was managed by their mother, as their natural guardian, who received the rents and profits, their father being dead.
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Ejectment, tried at the Albany circuit, in April, 1845, before Parker, Cir. J. The plaintiff sought to recover three undivided seventh parts of a lot of land with buildings thereon in the city of Albany. He, and six other persons, his brothers and sisters, all minors, owned the premises in question as tenants in common, on and previous to 1835. The property was managed by their mother, as their natural guardian, who received the rents and profits, their father being dead. The mother-appointed Arnold Nelson her agent to take charge of the property and lease it and to collect the rents and…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
The defendant was not entitled to notice to quit. Having, while tenant to the plaintiff and the other owners of tliis lot, taken a deed for it in fee, from a stranger, and given back a mortgage for the purchase money, the defendant thereby disclaimed all right as a tenant, and cannot now be allowed to set up the want of notice to quit.
As neither party desired to submit any question to the jury, we ought to assume the existence of any fact which the jury were authorized to find from the evidence before them. It may therefore be taken as established, for the…
2Cases cited2 opinions
- Nellis v. LathropNew York Supreme Court · 1839
- Phelan v. KelleyNew York Supreme Court · 1841
3Cited by16 opinions
- Sands v. . HughesNew York Court of Appeals · 1873
- Vernam v. . SmithNew York Court of Appeals · 1857
- Appleton v. AmesMassachusetts Supreme Judicial Court · 1889
- Prevot v. . LawrenceNew York Court of Appeals · 1872
- Hurt v. SchneiderSupreme Court of Colorado · 1916
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