Cruger v. McClaughry
New York Supreme Court
THE plaintiff is one of six heirs at law of John Kortright, deceased, who conveyed the lands in question to the defendant’s grantor, subject to an annual rent charge thereon, and the right of re-entry in case of non-payment of rent.
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THE plaintiff is one of six heirs at law of John Kortright, deceased, who conveyed the lands in question to the defendant’s grantor, subject to an annual rent charge thereon, and the right of re-entry in case of non-payment of rent. This action of ejectment is brought by the plaintiff' to recover possession of her one-sixth of said lands as such heir, no rent having been paid since 1854. Among other defenses interposed is the non-joinder of the owners of the other five sixths as plaintiffs. At the close of the plaintiff’s case the- defendant moved for a nonsuit, on the ground, among others,…
1Opinion of the CourtBoardman, J.
It is well settled in the law of this state, that the interest reserved by John Kortright is a heredita*643ment, devisable, descendible and assignable, like other incorporeal hereditaments, and as such is real estate, within the definition of the 1st Revised Statutes, 754, § 27; that the rent is not rent service for want of a reversion in the grantor, but is a rent charge in fee, and equivalent to a rent charge granted by the owner of the land in fee; that the conveyance of John Kortright operates as an assignment and not as a lease, and leaves neither a reversion nor a possibility of reverter;…
2Cases cited4 opinions
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Bowen v. BowenSupreme Court of Connecticut · 1847
- Van Rensselaer v. . SlingerlandNew York Court of Appeals · 1863
3Cited by1 opinion
- Cruger v. DoughertyNew York Supreme Court · 1869