Payn v. Beal
New York Supreme Court
Ejectment, tried at the Rensselaer circuit, in April, 1844, before Parker, C. Judge. The action was brought to recover one and an half acres of land, in Schodack, which the plaintiff claimed in fee. The plaintiff was seized of the premises on and prior to the first day of April, 1815, and on that day he demised the same in fee to one Braddum Yale, his heirs and assigns.
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Ejectment, tried at the Rensselaer circuit, in April, 1844, before Parker, C. Judge. The action was brought to recover one and an half acres of land, in Schodack, which the plaintiff claimed in fee. The plaintiff was seized of the premises on and prior to the first day of April, 1815, and on that day he demised the same in fee to one Braddum Yale, his heirs and assigns. A rent of $30 per annum was reserved, payable semiannually, and the lease contained a clause providing for a distress, and for a re-entry in case the rent should be in arrear and no sufficient distress could be found. The…
1Opinion of the Court
By the Court, Jewett, J.
The principal inquiry in this case is, whether the rent reserved to the plaintiff in the lease to Yale was bound by the judgments subsequently recovered against the plaintiff. To resolve this it becomes necessary to determine whether the rent was an estate in lands, tenements or real estate, within the meaning of the former statute which was in force at .that time. (1 R. L. 500, § 1.) That statute provided for a lien upon property under that description only, and no lien existed at common law.
In the case of The People v. Haskins, (7 Wend. 463,) this court held that a…
2Cases cited1 opinion
- People v. W. P. HaskinsNew York Supreme Court · 1831
3Cited by15 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- City of Rochester v. Rochester Gas & Electric Corp.New York Court of Appeals · 1922
- Morgan v. BowmanSupreme Court of Missouri · 1856
- Sheridan v. HouseNew York Court of Appeals · 1868
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