Cruger v. . McLaury
New York Court of Appeals
This is an action of ejectment, brought by the plaintiff for the purpose of recovering the possession of an undivided one-sixth part of lot No. 68, containing one hundred and fifty acres in the Kortright Patent, Delaware county.
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This is an action of ejectment, brought by the plaintiff for the purpose of recovering the possession of an undivided one-sixth part of lot No. 68, containing one hundred and fifty acres in the Kortright Patent, Delaware county. The plaintiff claimed an undivided one-sixth part of the premises, upon the ground that the defendant held them, or a portion of them, under a lease in fee, reserving an annual rent and the right to re-enter, in ease of non-payment, from John Kortright, deceased, to Thomas McLaury, the grantor of the defendant, executed on the 9th day of October, 1789 ; that she was,…
1Opinion of the Court
Hunt, Ch. J.
Estates, like the one in question, have been frequently before this court, and their character, in many respects, is settled by adjudication. In 1859, the main questions upon such cases were examined by Judge Denio in an able and elaborate opinion. (Van Rensselaer v. Hays, 19 N. Y. R., 68.) This examination lias been repeated by other judges, from time to time, ending with the well considered opinion of Judge Woodruff in March, 1868. (Hosford v. Ballard, 39 N. Y. R., 147; See Van Rensselaer v. Dennison, 35 N. Y. R., 393 ; The Same v. Slingerland, 26., 580; The Same v. Ball, 19 N.…
2Cases cited5 opinions
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
- Binsse v. . WoodNew York Court of Appeals · 1868
- People v. W. P. HaskinsNew York Supreme Court · 1831
- Van Rensselaer v. . SlingerlandNew York Court of Appeals · 1863
- Van Rensselaer v. . BarringerNew York Court of Appeals · 1868
3Cited by9 opinions
- Atlantic & Pacific Railroad v. MingusSupreme Court of the United States · 1897
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- Earl v. NalleyAppellate Division of the Supreme Court of the State of New York · 1948
- Martin v. . RectorNew York Court of Appeals · 1890
- Mattis v. BoggsNebraska Supreme Court · 1886
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