Jackson ex dem. Church v. Miller
New York Supreme Court
Ejectment for lot Ho. 121, in the town of Almond, Allegany county; tried at the circuit in that county, tember 25th, 1826, before Birdsall, C. Judge; when a verdict was taken, for the, plaintiff, subject to the opinion of’ the court on a case, which presented two questions; one of which was, whether the defendant was entitled to notice to quit.
Read the full summary
Ejectment for lot Ho. 121, in the town of Almond, Allegany county; tried at the circuit in that county, tember 25th, 1826, before Birdsall, C. Judge; when a verdict was taken, for the, plaintiff, subject to the opinion of’ the court on a case, which presented two questions; one of which was, whether the defendant was entitled to notice to quit. The plaintiff having shown at the trial what the judge deemed prima facie evidence of title in the lessor of the ■plaintiff, the defendant proved that in 1818, he and one of •his sons, applied to the lessor of the plaintiff to obtain land for his, the…
1Opinion of the Court
Curia, per Savage, Ch. J.
I think a prima facie title was shown in the lessor of the plaintiff; but if not, it appears. *from the whole case, that the defendant cannot deny the lessor’s title; having taken possession under him. Was he, then, entitled to notice to quit ? There is certainly some confusion in the books on this question: but it may be safely asserted that notice to quit is never necessary, unless the relation of landlord and tenant exist. In this case the relation between the parties was, in the first in*748stance, that of vendor and vendee. It was so as between! the lessor of the…
2Cases cited22 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Jackson v. BradtNew York Supreme Court · 1804
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Jackson v. StackhouseNew York Supreme Court · 1823
- Jackson ex dem. Livingston v. BryanNew York Supreme Court · 1806
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Grant v. WhiteSupreme Court of Missouri · 1868
- Blum v. RobertsonCalifornia Supreme Court · 1864
- City of Dubuque v. MillerSupreme Court of Iowa · 1861
- Moak v. BryantMississippi Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.