Jackson ex rel. Stevens v. Silvernail
New York Supreme Court
THIS was an action of ejectment, for a farm in the manor of Livingston, and was tried at the Columbia circuit, where a verdict was taken for the plaintiff for part of the farm claimed, subject to the opinion of the court, on a case containing the following facts: Robert Livingston, the proprietor of the manor, on the 15th of May, 1784, executed a lease to Johannes Drom and his wife, for their joint lives, for the farm in question, containing 150 acres.
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THIS was an action of ejectment, for a farm in the manor of Livingston, and was tried at the Columbia circuit, where a verdict was taken for the plaintiff for part of the farm claimed, subject to the opinion of the court, on a case containing the following facts: Robert Livingston, the proprietor of the manor, on the 15th of May, 1784, executed a lease to Johannes Drom and his wife, for their joint lives, for the farm in question, containing 150 acres. It was, among others things, covenanted, that if the parties of the second part, or the survivor of them, should be minded “ to sell and…
1Opinion of the CourtPlatt, J.
The plaintiff proved title under Robert Livingston. As to 18 acres 2 roods and 24 perches, part of the land in possession of defendant, the plaintiff’s right to recover is undisputed, and as to the residue, a verdict for the plaintiff was taken, subject to the opinion of the court upon the facts stated in the case.
The only question is, whether a forfeiture has been incurred, or whether the covenant,,-on the part of the lessee, not “ to sell and dispose of, or assign his estate in the said de* mised premiseshas been violated ?
The plaintiff’s claim is stricti juris; and to entitle him to…
2Cited by23 opinions
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Lawe v. HydeWisconsin Supreme Court · 1876
- Randol v. ScottCalifornia Supreme Court · 1895
- Wier v. SimmonsWisconsin Supreme Court · 1882
- Fleming v. Fleming Hotel Co.New Jersey Court of Chancery · 1905
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