Van Rensselaer v. Jones
New York Supreme Court
Covenant, by the devisee of the grantor against the assignee of the grantee, upon a grant in fee reserving rent payable in wheat, &c. and in services. The cause was tried at the Albany circuit, in February, 1845, before Parker, Cir. J. The plaintiff proved a conveyance in fee from Stephen Van Rensselaer, now deceased, to Samuel West, dated 25th September,. 1793, of a lot of land in the manor of Rensselaenviek,. containing one hundred and fifty acres.
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Covenant, by the devisee of the grantor against the assignee of the grantee, upon a grant in fee reserving rent payable in wheat, &c. and in services. The cause was tried at the Albany circuit, in February, 1845, before Parker, Cir. J. The plaintiff proved a conveyance in fee from Stephen Van Rensselaer, now deceased, to Samuel West, dated 25th September,. 1793, of a lot of land in the manor of Rensselaenviek,. containing one hundred and fifty acres. The reddendum clause was as follows: “ Yielding and paying therefor yearly and every year, during the continuance of this grant, unto the said…
1Opinion of the Court
By the Court, Whittlesey, J.
AH the questions arising on the bill of exceptions were disposed of on the argument except the one in regard to the day’s service with carriage and horses. In the conveyance under consideration the lessor reserved and the lessee agreed to pay as rent a certain quantity of wheat, a certain number of fowls, and, in addition, to perform certain services with carriage and horses. The plain meaning of the last clause is, that the tenant as part payment for the use of the land is to perform certain work for the lessor with horses and wagon; it is simply an agreement to…
2Cases cited2 opinions
- Rice v. ChurchillNew York Supreme Court · 1846
- Walter v. DeweyNew York Supreme Court · 1819
3Cited by5 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Fordyce v. HathornSupreme Court of Missouri · 1874
- Tyler v. HeidornNew York Supreme Court · 1866
- Livingston v. . MillerNew York Court of Appeals · 1854
- Van Rensselaer v. HaysNew York Court of Appeals · 1859