Main v. Davis
New York Supreme Court
THE plaintiff set forth, in his complaint, a conveyance in fee reserving rent, with covenants on the part of the grantee, his heirs and assigns, to pay said rent to the grantor, his heirs and assigns, and containing also clauses of distress imd re-entry in default of payment.
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THE plaintiff set forth, in his complaint, a conveyance in fee reserving rent, with covenants on the part of the grantee, his heirs and assigns, to pay said rent to the grantor, his heirs and assigns, and containing also clauses of distress imd re-entry in default of payment. The conveyance was substantially like that contained in Van Rensselaer v. Rays, (19 N. Y. Rep. 68.) The complaint among other things alleged that Stephen Van Rensselaer, in 1797, sold and conveyed in fee to Josiah Granger a certain farm in Berlin in the county of Rensselaer, and that Granger covenanted to pay therefor,…
1Opinion of the Court
By the court,
Hogeboom, J.
The questions arising in this case are most of them similar to those in the case of Main v. Green, just disposed of.(a) So far as they are so, they require no further remark. The only points of difference seem to be: 1. That this is an action of covenant to recover the rent, and not ejectment to recover the premises. 2, That the defendant Nancy Davis is claimed to have been in possession only as widow, and not as a joint occupant with Asa .0. Davis. 3. That the annual payments (of rent) if liable to be made at all, were a rent charge, and therefore not apportionahle.…
2Cases cited12 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Astor v. MillerNew York Court of Chancery · 1830
- Lush v. DruseNew York Supreme Court · 1830
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Wood v. OakleyNew York Court of Chancery · 1845
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