Sheehan v. Hamilton

This action was tried in the court below without a jury, in Saratoga county. Its object is to recover the possession of a lot of land in the village of Saratoga Springs, demised by a perpetual lease from Harmon Livingston to Risley Taylor, in 1823, upon the condition that Taylor, and his heirs and assigns, should pay to Livingston, his heirs, executors or assigns, the sum of twenty-five dollars annually, with authority to re-enter in case of its non-payment.

Livingston assigned this rent-charge in 1829 to Doctor John Clarke, the father of the plaintiff, who died in 1846, having devised it to…