Parsell v. . Stryker
New York Court of Appeals
Appeal from the General Term of the Supreme Court in the seventh district. This was an action on the equity side of the court, to compel a specified performance of an agreement, to devise by will, real estate. The cause was tried before a referee, and a judgment entered on his report in favor of the plaintiff, which was affirmed at General Term.
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Appeal from the General Term of the Supreme Court in the seventh district. This was an action on the equity side of the court, to compel a specified performance of an agreement, to devise by will, real estate. The cause was tried before a referee, and a judgment entered on his report in favor of the plaintiff, which was affirmed at General Term. The facts, material on the points made on this appeal, as found by the referee, are as follows: In January, 1854, David Parsell, the grandfather of the plaintiff, owned the premises in question in this action; he was about eighty years old; his…
1Opinion of the CourtJames, J.
It is first claimed that this agreement sought to be enforced, was entire and indivisible; that it embraced a lease for a farm during the life of the lessor, as well as a covenant to give the plaintiff a title to the farm after this lessor’s death; and the lease being in violation of the fourteenth section of article 1 of the Constitution, renders the whole instrument void.
The fourteenth section of article 1 of the Constitution reads as follows: “Ho lease or grant of agricultural land for a longer time than twelve years, hereafter made, in which shall be reserved any rent or service of any…
2Cited by69 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Winne v. . WinneNew York Court of Appeals · 1901
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Bolman v. OverallSupreme Court of Alabama · 1886
- Hale v. HaleSupreme Court of Virginia · 1894
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