Hart v. Hart
New York Supreme Court
THIS action was brought to recover damages for a breach of a covenant, whereby the defendant was to maintain -the plaintiff through life, Ac.
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THIS action was brought to recover damages for a breach of a covenant, whereby the defendant was to maintain -the plaintiff through life, Ac. The following is a copy of the instrument upon which the action was brought : “ This indenture, made the 9th day of March, 1849, between Abel Hart of the town of Candor and the county of Tioga, 1ST. Y., of the first part, and Abel Hart, jr, of the same place of the second part, witnesseth, that the said party of the first part, for and in consideration of the rents, covenants and agreements hereinafter mentioned and contained, to be paid, kept and…
1Opinion of the Court
By the Court, Mason, J.
I am strongly inclined to think that this lease cannot be upheld for a longer period than twelve years, for the reason that it is against the spirit and policy of section 14 of article 1 of the constitution, which declares that “ no lease or grant of agricultural land for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.” The lease in the case at bar is for twelve years, with a covenant of renewal for twelve years longer if the lessor should live, with a further covenant to continue the…
2Cases cited1 opinion
- De Freest v. BloomingdaleNew York Supreme Court · 1848
3Cited by23 opinions
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- Latrobe and Whistler v. WinansCourt of Appeals of Maryland · 1899
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