Martin v. . Rector
New York Court of Appeals
Appeal from judgment of the General Term of the* Supreme Court in the third judicial department, entered upon an order made February, 1887, which affirmed a judgment in • favor of defendant entered upon the report of a referee. This is an action of ejectment for non-payment of rent.
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Appeal from judgment of the General Term of the* Supreme Court in the third judicial department, entered upon an order made February, 1887, which affirmed a judgment in • favor of defendant entered upon the report of a referee. This is an action of ejectment for non-payment of rent. By a sealed indenture dated June 14, 1808, Stephen VanRensselaer granted, sold and released to George Adriance and Rachel Witbeck, their heirs and assigns, the premises first described in the complaint, with certain exceptions and reservations, to have and to hold the same “ unto the said-parties of the second…
1Opinion of the CourtVann, J.
The determination of this appeal depends upon the construction to be given to the instrument, of which an analysis appears in the foregoing statement, in connection with certain sections of the Code appertaining to the subject. It is well settled that the parties to such a grant are presumed to have contracted with reference to the power of the Legislature to annul, modify or change the remedies therein provided for the collection of the rent reserved. (Van Rensselaer v. Snyder, 13 N. Y. 299; Van Rensselaer v. Slingerland, 26 N. Y. 580, 585.)
From an early day there has been legislation upon…
2Cases cited8 opinions
- Van Rensselaer v. . SnyderNew York Court of Appeals · 1855
- Van Rensselaer v. . BallNew York Court of Appeals · 1859
- Hosford v. . BallardNew York Court of Appeals · 1868
- Van Rensselaer v. . DennisonNew York Court of Appeals · 1866
- Van Rensselaer v. . JewettNew York Court of Appeals · 1849
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3Cited by6 opinions
- Earl v. NalleyAppellate Division of the Supreme Court of the State of New York · 1948
- Bixby v. Casino Co.New York Court of Common Pleas · 1895
- First Nat. Bank of Huntsville v. CarterSupreme Court of Alabama · 1935
- Peck v. Reid, New York County Courts1910
- Church v. HempstedAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.