Livingston v. Tanner
New York Supreme Court
Action to recover the possession of land, tried at the Columbia circuit, in October, 1850, before Mr. Justice Parker. The complaint alledged, that the plaintiff was seised of the farm therein described, of which the defendant was in possession, and the possession of which he unlawfully withheld from the plaintiff ; and that the plaintiff had sustained damages, by reason of such withholding, to the amount of $300; and demanded judgment, that the defendant, forthwith, deliver…
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Action to recover the possession of land, tried at the Columbia circuit, in October, 1850, before Mr. Justice Parker. The complaint alledged, that the plaintiff was seised of the farm therein described, of which the defendant was in possession, and the possession of which he unlawfully withheld from the plaintiff ; and that the plaintiff had sustained damages, by reason of such withholding, to the amount of $300; and demanded judgment, that the defendant, forthwith, deliver the possession and pay the plaintiff $300, for the damages he had sustained, by reason of the withholding of the…
1Opinion of the Court
By the Court,
Harris, J.
I think it very clear that it was the intention of the parties to the agreement of the 13th of March, 1789, that Dings should have a lease of the farm during the lives of himself and his wife. Whether the instrument would operate as a lease, or an agreement for a lease, it is not important now to inquire. In either case, the estate, which it was intended that Dings and his assigns should have, has been determined, and the plaintiff has become seised of the entire estate. But, I think a notice to quit, was a necessary pre-requisite to the plaintiff’s right to maintain…
2Cases cited1 opinion
- Jackson v. ParkhurstNew York Supreme Court · 1809
3Cited by12 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Allen v. CarpenterMichigan Supreme Court · 1866
- Larned v. . HudsonNew York Court of Appeals · 1874
- Smith v. . LittlefieldNew York Court of Appeals · 1873
- Gregory v. . HobbsSupreme Court of North Carolina · 1885
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