Jackson ex dem. Church v. Brownson
New York Supreme Court
■ THIS was an action of ejectment for a farm in Whites-town. The cause was tried at the Oneida circuit, the 5th 7 °fune, 1809, before Mr. Justice Tates. d 1 ' " _ At the trial, the plaintiff gave in evidence the counterpart of a lease, dated the 3d September, 1790, from Philip Schuyler, of Albany, to the defendant, for the premises in question, for the lives of the defendant, his wife, and Sa- * ? 7 7 rnuel Shaw, respectively. The farm contained 133 acres , . and a. half.
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■ THIS was an action of ejectment for a farm in Whites-town. The cause was tried at the Oneida circuit, the 5th 7 °fune, 1809, before Mr. Justice Tates. d 1 ' " _ At the trial, the plaintiff gave in evidence the counterpart of a lease, dated the 3d September, 1790, from Philip Schuyler, of Albany, to the defendant, for the premises in question, for the lives of the defendant, his wife, and Sa- * ? 7 7 rnuel Shaw, respectively. The farm contained 133 acres , . and a. half. The lease contained various covenants, reservations and conditions, among which was the following: And the lessee “ doth…
1Opinion of the CourtVan Ness, J.
The covenant restraining the lessee from alienating, without previously obtaining the permission of the lessor, is for the benefit of the latter. Its object was to secure to the lessor the right of preemption, and to prevent a bad tenant from being obtruded upon him. If the lessor had sold without such permission, a forfeiture of the estate would have been incurred. To effect a valid assignment, therefore, the consent of the lessor was requisite, and that in this case having been obtained, the assignment was legal, and all parties stand in the same relative situation to each other as they…
2Cited by23 opinions
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Kidd v. DennisonNew York Supreme Court · 1849
- McGlynn v. MooreCalifornia Supreme Court · 1864
- McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
- Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1916
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