Jackson ex dem. Bleecker v. Whitford
New York Supreme Court
Ejectment for lands in Saratoga. The plaintiff proved a lease of part of.the 18th lot in the 16th allotment of the grand division of the Saratoga patent, by John R. Bleecker (from whom his lessor established her title) to one John Skidmore, who entered, and held under it, paying rent as a tenant. That Skidmore sold the lease to one Danforth, who died leaving two sons, who divided the farm between themselves, acknowledging, however, the title of Bleecker.
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Ejectment for lands in Saratoga. The plaintiff proved a lease of part of.the 18th lot in the 16th allotment of the grand division of the Saratoga patent, by John R. Bleecker (from whom his lessor established her title) to one John Skidmore, who entered, and held under it, paying rent as a tenant. That Skidmore sold the lease to one Danforth, who died leaving two sons, who divided the farm between themselves, acknowledging, however, the title of Bleecker. That from one of these sons the defendant acquired possession in exchange for another farm. The defendant admitted he thus came into the…
1Opinion of the Court
Kent, Oh. J.
The want of notice to quit was not alleged at the trial; it is too late, therefore, to urge it now, because had it been urged, the plaintiff might have been ready to establish it. The case does not mention it; we may, therefore, intend it was proved. As to the main ground, the defendant cannot be permitted to question his *216landlord’s title. This is a settled rule. He must 'give up to his landlord the possession he had from him. The premises were received as part of lot 18, and the tenant cannot now, as against his lord, say they are not so. The plaintiff may have possessed the lot…
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