Livingston v. Haywood
New York Supreme Court
THIS was an action of trespass, tried at the Columbia circuit, before the late Chief Justice, in October, 1813. The premises on which the trespasses were committed were m the to wn of Grainger, and were lands leased by Henry IV. Livingston, now deceased, the father of the plaintiff. Part of the premises were leased to Moses Biosby, on the 1st of October, 1799, for the lives of Biosby and his wife.
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THIS was an action of trespass, tried at the Columbia circuit, before the late Chief Justice, in October, 1813. The premises on which the trespasses were committed were m the to wn of Grainger, and were lands leased by Henry IV. Livingston, now deceased, the father of the plaintiff. Part of the premises were leased to Moses Biosby, on the 1st of October, 1799, for the lives of Biosby and his wife. The other part was leased on the 1st of May, 1805, to Henry Pitcher, for the lives of himself and his wife. The leases contained covenants on the part of the lessees, their heirs and assigns,…
1Opinion of the Court
Thompson", Ch. J.
delivered the opinion of the court. This Is an action of trespass against the defendant, xvho holds the locus in quo, as assignee of the tenant for life, under a lease given by the ancestor of the plaintiff. The plaintiff claims as devisee in remainder, under the xvill of his father, in which the locus in quo is devised to his xvife, Mary, during her life, and after her death to the plaintiff) Henry Livingston, his heirs and assigns for ever.
The question is, xvhether an action of trespass xvill lie, by the devisee in remainder, during the continuance of the life estate. The…
2Cited by2 opinions
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- Morgan v. WatersAppellate Division of the Supreme Court of the State of New York · 1907