Russell v. Doty
New York Supreme Court
Case upon the statute, (sess. 36, ch. 63, s. 12, 1 R. L, 437,) for removing goods in execution, leaving the rent un paid ; tried at the Washington circuit, June, 1822, before (the late) Mr. Justice Yates.
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Case upon the statute, (sess. 36, ch. 63, s. 12, 1 R. L, 437,) for removing goods in execution, leaving the rent un paid ; tried at the Washington circuit, June, 1822, before (the late) Mr. Justice Yates. At the trial, it appeared that the plaintiff purchased the demised premises, which are situate in Salem, Washington county, at a sheriff’s sale, upon a judgment and execution against James Nichols, and received a conveyance dated Aprü 17th, 1819. The plaintiff then produced a lease of the premises from himself to Charles Nichols, dated April 24th, 1819, for one year, at a rent of $150,…
1Opinion of the Court
Curia, per
Southerland, J.
is not necessary that the owner of land should be in the actual possession of it, to enable him to give a valid lease. The undisputed right of possession, I apprehend, is sufficient. Here James Nichols has never questioned the plaintiff’s right to give the lease. On the contrary, the evidence warrants the inference that Charles Nichols went into possession of the store with the assent of James, immediately after the purchase. James appears to have surrendered the possession *579of the store, and to have been permitted by the plaintiff to occupy a single room in the back…
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