De Lancey v. . Ganong
New York Court of Appeals
Ejectment to recover possession of a. farm, in North Salem, Westchester county. The action ■ ^as- 'ii^hfíhlti^éS in February, 1848. The plaintiff alleges that she was possessed on. the first day of January, 1848, and that the defendant entered and ejected her on the second day of the same month. Plea not guilty.
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Ejectment to recover possession of a. farm, in North Salem, Westchester county. The action ■ ^as- 'ii^hfíhlti^éS in February, 1848. The plaintiff alleges that she was possessed on. the first day of January, 1848, and that the defendant entered and ejected her on the second day of the same month. Plea not guilty. On the trial, before Mr. Justice Barculo, in June, 1851, the plaintiff gave in evidence a lease from Stephen De Lancey to Nathaniel Delavan, dated September 8th, 1775, by which the former demised to the latter certain premises (embracing those in question), described as containing,…
1Concurrence
I do not think the evidence in this case shows such a forfeiture of the lease as allows the plaintiff to recover the premises in this action. The remedy by ejectment to enforce the payment of rent is never allowed except where a right of reëntry for non-payment of rent is expressly stipulated for between the parties. (Van Rensselaer v. Jewett, 2 Comst., 141; 5Denio, 121; 9 Watts, 258; 11 John., 162; Bacon's Abr.,tit. Rent, K, 4.) The refusal to pay rent therefore worked no forfeiture of the lease, as the lease in question gives no right of reëntry for the non-payment of rent. The next and…
2Cases cited9 opinions
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Jackson v. CaryNew York Supreme Court · 1819
- Jackson ex dem. Van Alen v. VosburghNew York Supreme Court · 1810
- Jackson ex dem. Van Rensselaer v. CollinsNew York Supreme Court · 1814
- Van Rensselaer v. JewettNew York Supreme Court · 1847
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