Jackson ex dem. Norton v. Sheldon
New York Supreme Court
Ejectment for part of lot No. 69, Bedlington patent; at Delaware circuit, September, 1823, before Nelson, 0. Judge. The action was upon the 23d section of the statute concemin» distresses, rents and the renewal of leases, (1 R. ° y x L. 440-1.) Oil the trial, it was proved that John Lake, by indenture 0f lease, dated May 31st, 1792, granted and demised in fee simple, certain land of which the premises m question are a part to William Cornell and others, at the annual rent ol…
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Ejectment for part of lot No. 69, Bedlington patent; at Delaware circuit, September, 1823, before Nelson, 0. Judge. The action was upon the 23d section of the statute concemin» distresses, rents and the renewal of leases, (1 R. ° y x L. 440-1.) Oil the trial, it was proved that John Lake, by indenture 0f lease, dated May 31st, 1792, granted and demised in fee simple, certain land of which the premises m question are a part to William Cornell and others, at the annual rent ol $118 75 payable on the 30th day of May. The lease contained the usual clause authorizing the lessor to distrain; and if…
1Opinion of the Court
Curia, per Woodworth, J. (after stating the facts.)
The question to bo decided is, whether the plaintiff, after having distrained, can, under the statute, maintain this action.
It is material to enquire, whether as respects the point under consideration, the statutes, (1 R. L. 440, and 2 Geo. 2, ch. 28,) have changed the common law doctrine, as understood before the passing of those acts. Where there is *454a condition of re-entry, reserved for non-payment of rent, to entitle a party to re-enter, the common law requires that a demand be made of the precise amount of rent due, on the day it is…
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