Jackson ex dem. Donnally v. Walsh
New York Supreme Court
THIS was an action of ejectment for land in Nexvburgh, in the county of Orange. The cause was tried at the Orange circuit on the 9th of September, 1807, when a verdict was taken for the plaintiff, subject to the opinion of the court, on the following case : The premises in question were Part °- certain lands called the glebe lands in New burgh, granted by a charter dated the 26th of March, 1752, . r , . - - to certain persons sided “ 1 he trustees ol the parish oí…
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THIS was an action of ejectment for land in Nexvburgh, in the county of Orange. The cause was tried at the Orange circuit on the 9th of September, 1807, when a verdict was taken for the plaintiff, subject to the opinion of the court, on the following case : The premises in question were Part °- certain lands called the glebe lands in New burgh, granted by a charter dated the 26th of March, 1752, . r , . - - to certain persons sided “ 1 he trustees ol the parish oí NexvbursrhT* On the 1st of September, 1774, Jonathan Hasbroeck and Isaac Belknap, being the trustees of the parish of Newburgh,…
1Per curiam
The lease of 1774, is valid. The trustees appear to have had a common seal, which is affixed to the lease. The signing of their names separately was unnecessary, but does not vitiate the deed as a corporate-act. The lapse of time alone does not afford the presumption of a re-entry for the non-payment of rent, and the testimony of the clerk is no evidence. We are clearly of opinion that the plaintiff is entitled to recover.
Judgment for the plaintiff.
2Cited by9 opinions
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- Chase v. Sycamore & Courtland RailroadIllinois Supreme Court · 1865
- Jackson ex dem. Wilkins v. LambNew York Supreme Court · 1827
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