Cole v. Patterson
New York Supreme Court
This was an action of covenant, tried at the Delaware circuit in May, 1840, before the Hon. John P. Cushman, one of the circuit judges. The plaintiff declared on a lease executed by John JET.
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This was an action of covenant, tried at the Delaware circuit in May, 1840, before the Hon. John P. Cushman, one of the circuit judges. The plaintiff declared on a lease executed by John JET. Myer to Solomon Parsons, bearing date 1st May, 1800, conveying to the lessee in perpetuity 155 1-4 acres of land, part of lot No. 35, in the subdivision of great lot No. 19, in the Hardenberg patent, subject to an annual rent after 1st May, 1810, of $31. Parsons entered, and remained in possession of the demised premises until 1814. He was succeeded in the possession, by one Gorham Silliman, who paid…
1Opinion of the Court
By the Court,
Nelson, C. J.
Ho point was made on the trial, that the defendant was not the assignee of Parsons, the lessee ; that it is too late to raise the question on a motion for a new trial, as was done here.
On the death of Myers, and severance of the reversion by act of law, *350the descent to his sister and nieces, it became necessary to apportion the rent. Comyn’s Land, and Ten. 214, 215. Rent is incident to the reversion, and must follow it: nor is there any technical difficulty in the remedy at law as supposed by the counsel, on the ground of a tenancy in common. As respects the portion…
2Cases cited1 opinion
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
3Cited by1 opinion
- Central Bank of Troy v. . HeydornNew York Court of Appeals · 1872