Birdsall v. Phillips
New York Supreme Court
Landlord and tenant. In May, 1835, Phillips presented to the first judge of the county of Chenango an affidavit, stating that Birdsall, a tenant at will or by sufferance, of certain premises, held over after notice to quit, and prayed process against him under the landlord and tenant act (2 R S. 511). Phillips, in his affidavit, stated that he was the owner and proprietor, of three parcels of land, particularly described in the affidavit; that the premises were formerly…
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Landlord and tenant. In May, 1835, Phillips presented to the first judge of the county of Chenango an affidavit, stating that Birdsall, a tenant at will or by sufferance, of certain premises, held over after notice to quit, and prayed process against him under the landlord and tenant act (2 R S. 511). Phillips, in his affidavit, stated that he was the owner and proprietor, of three parcels of land, particularly described in the affidavit; that the premises were formerly owned by George C. Birdsall, against whom a judgment was docketed in this court 4th February, 1832, in favor of one John…
1Opinion of the Court
By the Court,
Cowen, J.
The points now raised by the plaintiff in error, all grow out of the evidence and proceedings at the trial, as if we were sitting to hear a bill of exceptions. The first is, that to give jurisdiction, the conventional relation of landlord and tenant must exist; and if the defendant below ever became tenant at will, it was by the operation of law; that the defendant below was tenant for life, under a title paramount to that of the plaintiff. Three points are raised on the objection to an admission of evidence, and one in respect to the obligation of Phillips to know the…
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