Van Rensselaer v. Bonesteel
New York Supreme Court
THIS was an appeal from an order of the special term overruling a demurrer to the complaint. It was alleged, in the complaint, that on the 13th of February, 1794, Stephen Van Rensselaer, now deceased, of the first part, and one Lodewick Bonesteel, as party of the second part, mutually made, executed, sealed and delivered an indenture, whereby the party of the first part did grant, &c. unto the party of the second part, his heirs and assigns, a certain lot of land, therein…
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THIS was an appeal from an order of the special term overruling a demurrer to the complaint. It was alleged, in the complaint, that on the 13th of February, 1794, Stephen Van Rensselaer, now deceased, of the first part, and one Lodewick Bonesteel, as party of the second part, mutually made, executed, sealed and delivered an indenture, whereby the party of the first part did grant, &c. unto the party of the second part, his heirs and assigns, a certain lot of land, therein described, situate in the town of Grafton, in the county of Rensselaer, and containing 123 and five-tenths of an acre, to…
1Opinion of the Court
By the Court, Harris, J.
There is a dictum by Lord Holt, in Brewster v. Kitchel, (1 Salk. 198,) that where the owner of land has granted a rent charge, with a covenant to pay, an action of covenant will not lie merely against one as assignee of the land. The same case is reported in various other places, and among others in 12 Mod. and 1 Ld. Raym. 317; and it there appears that the three other judges who were associated with the chief justice, dissented from that opinion. Since that time, much learning has been expended, sometimes to little purpose, *368in endeavoring to define the boundary…
2Cases cited1 opinion
- Van Rensselaer v. BradleyNew York Supreme Court · 1846
3Cited by11 opinions
- Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
- New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935
- Trask v. GrahamSupreme Court of Minnesota · 1891
- Indiana Natural Gas & Oil Co. v. HintonIndiana Supreme Court · 1902
- Smith v. JonesUtah Supreme Court · 1900
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