Jackson v. Delacroix
New York Supreme Court
This ivas an action of ejectment, tried at the New-York circuit in April, 1827, before the Hon. William A. Duer, one of the circuit judges.
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This ivas an action of ejectment, tried at the New-York circuit in April, 1827, before the Hon. William A. Duer, one of the circuit judges. The declaration contained a numJ ° her of counts, on the demise of Uriah Bulkley against Joseph Delacroix, some of which were laid on the 17th May, 1825, and others on 21st November, 1825. The premises demised 1 were variously described: as, “one house, one messuage, one cellar and one acre of land, situate in the first ward of the city of New-York “ so much of the first story of that certain house, standing on a certain lot of land situate in the first…
1Opinion of the Court
By the Court, Savage, Ch. J.
The important question in the case is, whether the instrument produced is a lease or an agreement for a lease 1 Any words which import a present demise are sufficient to constitute a lease. The words demise, lease, and to farm let, are the proper ones to constitute a lease; but any other words which shew the intention of the parties that one shall divest himself of the possession and the other come into it for a certain time, whatever be the form, will, in construction of law, amount to a lease. (Cruise’s *439Dig. tit. 32, ch. 5, § 3 to 13.) Some of the cases referred…
2Cases cited1 opinion
- Jackson ex dem. Livingston v. KisselbrackNew York Supreme Court · 1813
3Cited by13 opinions
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Weed v. Lindsay & MorganSupreme Court of Georgia · 1892
- Franke v. HewittAppellate Division of the Supreme Court of the State of New York · 1900
- Colclough v. CarpelesWisconsin Supreme Court · 1895
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