Parish v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Parish, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the.county of Genesee on the 8th day of Seyffember, 1896, dismissing the plaintiff’s complaint upon the merits, with costs, after a trial at a Trial Term in Genesee county, before the court, a jury trial having been waived.
Read the full summary
Appeal by the plaintiff, George E. Parish, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the.county of Genesee on the 8th day of Seyffember, 1896, dismissing the plaintiff’s complaint upon the merits, with costs, after a trial at a Trial Term in Genesee county, before the court, a jury trial having been waived. On the 25th day of February, 1888, one Elisha H. Parish executed and delivered to the defendant a lease or grant of certain agricultural lands, which, by its terms, runs during the natural life of the lessor or grantor, and of his…
1Opinion of the Court
Green, J.:
The precise question for determination, broadly stated, is whether the creation of estates for life in agricultural lands, with a reservation of rent, are prohibited by the Constitution; in other words, whether the instrument of grant • or lease creating such an estate is void ab initio. In ascertaining the true interpretation of this constitutional provision and in determining the extent or limits of its operation, we may be assisted in arriving at a just conclusion by a statement of certain general principles.
In Settle v. Van Evrea (49 N. Y. 280, 2S5) the court held that the…
2Cases cited9 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Purdy v. . HaytNew York Court of Appeals · 1883
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Kent v. . KentNew York Court of Appeals · 1875
- People Ex Rel. Williams v. . DaytonNew York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Casey v. LupkesSupreme Court of Iowa · 1979
- Anderson v. BlixtNorth Dakota Supreme Court · 1955
- Parthey v. BeyerAppellate Division of the Supreme Court of the State of New York · 1930
- Wegner v. LubenowNorth Dakota Supreme Court · 1903
- Aikins v. Nevada Placer, Inc.Nevada Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.