Jackson ex dem. Van Rensselaer v. Collins
New York Supreme Court
THIS was an action of ejectment for a farm in Hillsdale. The cause was tried at the Columbia circuit, before Mr. Justice Yates, when a verdict was taken for the plaintiff, subject to the opinion of the court, on the following case: The proprietor of the manor of Rensselaer, called Claoerack, and legal owner of the premises, executed & perpetual lease of the farm, dated the 21st of January, 1774, to Samuel W. Hallenback, his heirs, executors, administrators, and assigns,…
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THIS was an action of ejectment for a farm in Hillsdale. The cause was tried at the Columbia circuit, before Mr. Justice Yates, when a verdict was taken for the plaintiff, subject to the opinion of the court, on the following case: The proprietor of the manor of Rensselaer, called Claoerack, and legal owner of the premises, executed & perpetual lease of the farm, dated the 21st of January, 1774, to Samuel W. Hallenback, his heirs, executors, administrators, and assigns, forever; yielding and paying therefor unto the lessor 14 1-2 bushels of good winter wheat, to be delivered at Claoerack, &c.…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The defendant contends that as the suit is for a forfeiture of the lease,, for the non-payment of rent, the lessor of the plaintiff was bound to have shown upon the trial, either that no sufficient distress was to be found upon the premises, to entitle him to recover under the act of the 21st of February, 1788, s. 23. (and which was copied from the statute of 4 Geo. II. c. 28.) or that they were bound to show a regular demand of the rent with all the nicety and precision required by the rules of the common law. (See these rules collected in 1…
2Cited by15 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Espen v. HinchliffeIllinois Supreme Court · 1890
- Van Rensselaer v. . BallNew York Court of Appeals · 1859
- Hosford v. . BallardNew York Court of Appeals · 1868
- Rensselaer v. SnyderNew York Supreme Court · 1850
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