Pearce v. Golden
New York Supreme Court
Error to the superior court of the city of New-York. The action was ejectment, to recover the possession of a house and lot fronting on the Bowery in said city. The suit was commenced in the name of Jane Ann Ferrers, as plaintiff; but she dying, it was revived in the name of Golden and Ogden, her executors.
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Error to the superior court of the city of New-York. The action was ejectment, to recover the possession of a house and lot fronting on the Bowery in said city. The suit was commenced in the name of Jane Ann Ferrers, as plaintiff; but she dying, it was revived in the name of Golden and Ogden, her executors. The premises in question originally belonged to John Ferrers, who, by his will, dated Feb. 20,1813, devised one half of the residue of his real estate, including the house and lot in controversy to his wife Jane Ann Ferrers in fee, and the other half to his son Charles John, in fee. The…
1Opinion of the Court
By the Court, Edwards, J.
The lease executed by the trustees of John Ferrers deceased, to Nathaniel H. Smith, and under which the plaintiff in the court below claimed the right of possession, was dated on the 5th day of June, 1823, and was for the term of twenty years from the tenth day' of December, 1822. It contained no covenant of renewal; but, after its execution, and on the said 5th day of June, 1823, Jane Ann Ferrers, one of the trustees, but acting in her individual capacity, executed a bond to N. H. Smith, the lessee, in the penalty of $2500, conditioned, amongst other things, that…
2Cases cited2 opinions
- Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831
- Kerr v. Merchant's Exchange Co.New York Court of Chancery · 1839
3Cited by1 opinion
- Baurman v. BinzenNew York Supreme Court · 1891