Sheehan v. Hamilton
New York Court of Appeals
Eliza Sheehan sued Robert Hamilton, in the supreme court, in ejectment, to recover a lot of land in the village of Saratoga Springs, demised by a perpetual lease from Harmon Livingston to Risley Taylor, in 1823, upon the condition that Taylor and his heirs and assigns should pay to Livingston, his heirs, executors or assigns, twenty-five dollars annually; with authority to re-enter in case of non-payment.
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Eliza Sheehan sued Robert Hamilton, in the supreme court, in ejectment, to recover a lot of land in the village of Saratoga Springs, demised by a perpetual lease from Harmon Livingston to Risley Taylor, in 1823, upon the condition that Taylor and his heirs and assigns should pay to Livingston, his heirs, executors or assigns, twenty-five dollars annually; with authority to re-enter in case of non-payment. Livingston assigned this rent charge, in 1829, to Doctor John Clarke, plaintiff’s father, who died in 1846, having devised it to plaintiff and her two brothers. The brothers assigned their…
1Opinion of the Court
By the Court.
Leonard, J.
[After stating the facts.]— The opinions delivered by two of the justices of the supreme court, at general term, concede—one of them expressly, the other by implication—that it was the intention of Doctor Clarke to keep the rent charge in existence, but deny the right to consider that fact, because it is necessary to invoke a principle of which, it is supposed, a court of equity can alone take cognizance, while the case at law admitted only of the application of common law rules.
This objection lies at the threshold of the case, and may as well be first examined. It…
2Cases cited7 opinions
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- Jumel v. JumelNew York Court of Chancery · 1839
- Horton v. . DavisNew York Court of Appeals · 1863
- Hinman v. JudsonNew York Supreme Court · 1852
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3Cited by1 opinion
- Erwin v. HurdNew York Supreme Court · 1883