Legal Opinion

Martin v. Rector

New York Supreme Court

Decided May 15, 1883Published

’ Appeal from a judgment in favor of the defendant, entered upon the verdict of' a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. ■

1Opinion of the Court

Learned, P. J.:

This is an action of ejectmeiit. The complaint simply alleges the plaintiff’s ownership in fee and the defendant’s unlawful possession.

On the trial the plaintiff claimed to recover for the non-payment of rent upon a lease, claiming as the grantee of the original lessor. It does not seem to be disputed that he is such grantee. The interests of 'the original lessee were shown to have been transferred, by successive conveyances, to one Martinus Lansing, who became full owner thereof in 1845. Non-payment of the rent falling due in 1859 was shown. The action was commenced and issue…

2Cases cited2 opinions

  1. Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
  2. Alexander v. . HardNew York Court of Appeals · 1876

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