Main v. Cooper
New York Supreme Court
THIS was an appeal from a judgment of the Eensselaer county court, affirming a justice’s judgment. The action was brought to recover rent claimed to he due to the plaintiff upon a manor lease. The complaint sets forth a lease in fee from Stephen Van Eensselaer to Lawrence Snyder, hearing date the 21st day of March, 1794, for a lot of land in the town of Poestenkill, and reserving a wheat rent.
Read the full summary
THIS was an appeal from a judgment of the Eensselaer county court, affirming a justice’s judgment. The action was brought to recover rent claimed to he due to the plaintiff upon a manor lease. The complaint sets forth a lease in fee from Stephen Van Eensselaer to Lawrence Snyder, hearing date the 21st day of March, 1794, for a lot of land in the town of Poestenkill, and reserving a wheat rent. It then proceeds to state facts showing, that on the first day of July, 1852, all the interest of Stephen Van Eensselaer and his heirs and assigns in the land, and the rents reserved, and the rents…
1Opinion of the Court
By the Court, Harris, J.
The single question which this case presents is, whether the justice had jurisdiction to render the judgment. Such jurisdiction is denied, on the ground that the title to real property came in question upon the trial.
There are two modes in which title may come in question upon a trial. The one is, where the issue is such that the plaintiff finds it necessary to prove his title, in order to sustain his action. In respect to such a case, it is provided by the 59th section of the code, that “if it appear on the trial, from the plaintiff’s own showing, that the title to…
2Cited by2 opinions
- Powers v. ConroyNew York Supreme Court · 1874
- Messler v. FlemingSupreme Court of New Jersey · 1879