Samson v. . Rose
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the third judicial department, setting aside a verdict in favor of plaintiff and granting a new trial. This action was brought to recover possession of 109 bushels of buckwheat, one mowing machine, one drag and a lot of straw. The principal question in the case, was, as to the title to the buckwheat and straw.
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Appeal from order of the General Term of the Supreme Court of the third judicial department, setting aside a verdict in favor of plaintiff and granting a new trial. This action was brought to recover possession of 109 bushels of buckwheat, one mowing machine, one drag and a lot of straw. The principal question in the case, was, as to the title to the buckwheat and straw. It appeared on the trial, that the plaintiff was the owner of a farm situated in the town of Lincklaen, in Chenango county. On the 13th day of January, 1869, she made a lease of it, and the stock and farming utensils, etc.,…
1Opinion of the Court
Dwight, C.
The leading question in controversy in this cause concerns the ownership of the buckwheat and straw. That depends upon the answer to be given to the following inquiry: "When an owner of land makes a lease, reserving rent with a condition of re-entry in case of non-payment, and the rent is not paid, and an action of ejectment is brought against the tenant by the landlord to enforce the condition of re-entry, and during the pendency of this action the tenant sublets to another, who has full knowledge of the facts, and that person sows a crop, which is harvested, but not removed from…
2Cases cited2 opinions
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Shepard v. PhilbrickNew York Supreme Court · 1846
3Cited by25 opinions
- United States v. GoldsteinCourt of Appeals for the Second Circuit · 1941
- Sievers v. BrownOregon Supreme Court · 1899
- Woodcock v. CarlsonSupreme Court of Minnesota · 1889
- Barret v. HeartfieldCourt of Appeals of Texas · 1940
- Francis Bros. v. SchallbergerOregon Supreme Court · 1931
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