Jackson ex dem. Stanton v. De Long
New York Supreme Court
THIS was an action of ejectment The cause was tried at the Orange circuit, in September, 1811. At the trial of the cause the title of the lessor of the plaintiff was admitted.
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THIS was an action of ejectment The cause was tried at the Orange circuit, in September, 1811. At the trial of the cause the title of the lessor of the plaintiff was admitted. The counsel for the defendant then offered to prove the following facts, in bar of the plaintiff’s recovery; that previous to the commencement of the present suit, the lessor of the plaintiff and the defendant mutually entered into bonds of arbitration, which were respectively conditioned to abide and perform the award of certain arbitrators indifferently chosen and elected, to arbitrate, award, order, adjudge and…
1Per curiam
The defence offered by the defendant was insufficient. The award directed that the lessor of the plaintiff should ' pay to the defendant two several sums of money at different periods, and that if he gave the defendant “ good and sufficient security for the payment,” the possession of the premises was to be delivered to him. But as the award has not defined the nature of the security, and whether it was to consist of real or personal security, or to what extent, it is so far void, for uncertainty; and the lessor of the plaintiff, who is admitted to have a good title to the premises, is…
2Cited by1 opinion
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