Jackson ex dem. Van Alen v. Rogers
New York Supreme Court
This was an action of ejectment, brought to recover a lot of land and a storehouse, situate in the town of Kinder-hook, in the county of Columbia. The cause was tried before Mr. Justice Lewis, at the circuit in that county, when a verdict was found for the plaintiff. From the report of the judge, which contained all the evidence in the cause, the following may be stated, as the most material facts in the case.
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This was an action of ejectment, brought to recover a lot of land and a storehouse, situate in the town of Kinder-hook, in the county of Columbia. The cause was tried before Mr. Justice Lewis, at the circuit in that county, when a verdict was found for the plaintiff. From the report of the judge, which contained all the evidence in the cause, the following may be stated, as the most material facts in the case. It appeared, that Lowrens Van Alen, under whom the lessor claimed,, had been in possession of the premises in question for thirty years, and upwards, previous to his death; that a…
1Opinion of the CourtKent, J.
On the argument for a new trial, in this cause, on behalf of the defendant, it was contended, that the lessor of the plaintiff ought not to recover. 1st. Because the lease from' Holland to M’Mechan amounted to a disseisin of Lowrens I. Van Alen, and destroyed his capacity to devise^
2d. That the second lease from Holland to M’Meehan, was still subsisting at the commencement of the suit, and was a 'legal impediment to the recovery.
3d. That the defendant, at all events, was to be deemed a tenant from year to year, and so entitled to six months’ notice to quit.
To constitute an actual disseisin or…
2Cases cited4 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
3Cited by5 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Scully v. KirkpatrickSupreme Court of Pennsylvania · 1875
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
- Taylor v. Staples, TrusteesSupreme Court of Rhode Island · 1865