Lyon v. Adde
New York Supreme Court
APPEALS by the defendants from judgments entered upon the reports of referees. The actions were brought to recover rent upon lands alleged to be held under two indentures, by which Stephen Van Rensselaer had granted, bargained, sold, released and confirmed the premises in question, “to have and to hold the same” unto the grantees therein, their heirs and assigns forever, the said grantees, their “ heirs and assigns, yielding and paying therefor, yearly, unto the said Van…
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APPEALS by the defendants from judgments entered upon the reports of referees. The actions were brought to recover rent upon lands alleged to be held under two indentures, by which Stephen Van Rensselaer had granted, bargained, sold, released and confirmed the premises in question, “to have and to hold the same” unto the grantees therein, their heirs and assigns forever, the said grantees, their “ heirs and assigns, yielding and paying therefor, yearly, unto the said Van Rensselaer, his heirs and assigns,” a rent certain; “ which said rent the said” grantees did in and by the said indenture,…
1Opinion of the Court
By the Court, P. Potter, J.
These cases were formerly before this court upon the following statement of facts: “ During all the time" in which the defendant had been an owner of, or connected with, the premises, from 1842 down, no rent on the said.indenture had been claimed, or paid by the defendant, or his co-tenants. That this suit was commenced on the 12th day of May, 1864.” And upon this, the late general term in the third district held, that there must be the presumption of a release. (See Lyon v. Chase, 51 Barb. 14.) Upon the opinion in which case this suit was then decided by the…
2Cases cited13 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Van Rensselaer v. SmithNew York Supreme Court · 1858
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3Cited by6 opinions
- Beekman v. HamlinOregon Supreme Court · 1890
- Macauley v. PalmerNew York Supreme Court · 1889
- Sheldon v. HeatonAppellate Division of the Supreme Court of the State of New York · 1897
- Sheldon v. HeatonAppellate Division of the Supreme Court of the State of New York · 1897
- Macauley v. PalmerNew York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.