Legal Opinion

Livingston v. Stickles

New York Court of Chancery

Decided May 19, 1840PublishedCited by 8 opinions

This was an appeal from a decree of the late vice chancellor of the third circuit. The object of the complainant’s bill was to compel the defendant, who was the assignee of a lease for lives, of land of which the complainant owned the rent and reversion, to pay to her a tenth of the purchase money agreed to be paid to him by those who had contracted to purchase his interest in the lease, but who had not received any legal conveyance or assignment thereof.

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This was an appeal from a decree of the late vice chancellor of the third circuit. The object of the complainant’s bill was to compel the defendant, who was the assignee of a lease for lives, of land of which the complainant owned the rent and reversion, to pay to her a tenth of the purchase money agreed to be paid to him by those who had contracted to purchase his interest in the lease, but who had not received any legal conveyance or assignment thereof. The clause in the lease under which the claim arose was as follows: “And lastly, it is mutually consented, covenanted and agreed, by and…

1Opinion of the Court

The Chancellor.

The objection that the lease contains no covenant on the part of the lessee or his assigns to pay the tenth sale, so as to render them personally liable upon an alienation of the premises, with the consent of the lessor, does not appear to be well taken. If it were a mere condition, then it is evident the only remedy of the lessor would be by a proceeding against the purchaser, to recover the premises for a breach of the condition. But a clause of this kind may be so framed as to operate both as a covenant and as a condition ; so as to give the lessor an election, either to…

2Cited by8 opinions

  1. Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
  2. Lindsey v. LindseyIndiana Supreme Court · 1874
  3. Overbagh v. PatrieNew York Supreme Court · 1850
  4. Lynde v. HoughNew York Supreme Court · 1857
  5. Spaulding v. HallenbeckNew York Supreme Court · 1862

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