Church v. . Seeley
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 January 26, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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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 January 26, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 39 Hun, 269.) This was an action of ejectment brought by plaintiff, who claimed, as owner of two leases in fee, known as Van Rensselaer leases; one called the Abbott and Russ lease, covering 152^- acres, known as lot 402; the other called the Tubbs lease, covering 160 acres, known as lot 378. In 1882 the plaintiff recovered, in ejectment for…
1Opinion of the CourtFinch, J.
We agree with the General Term in the result which it adjudged, and should adopt its opinion but for its discussion of a subject not necessarily involved in the case, and the soundness or unsoundness of which we ought not to determine in the present action. That opinion intimates that the effect of plaintiff’s successful re-entry upon a part of the premises leased'in fee may be to extinguish the rent upon the remainder. The defendant, however, makes no such claim, but concedes the plaintiff’s right to re-enter upon such remainder for rent in arrear, and the whole controversy is simply what…
2Cited by2 opinions
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- Hecht v. HeerwagenNew York Court of Common Pleas · 1895