Wolcott v. Schenk

Brown, Justice.

Samuel B. Schenk was removed from the possession of certain premises at Eishkill, in the county of Dutchess, by virtue of proceedings had before the county judge of that county, upon the application of Charles M. Wolcott. The relation of landlord and tenant existed between them by virtue of the lease of the date of the 24th of March, 1857. Before any proceedings could be taken to remove the tenant from the demised premises, pursuant to the act entitled ‘ summary proceedings to recover the possession of lands,” &c., (2 Rev. Stat. 755,) it was incumbent on the landlord to…