Clarke v. Cummings
New York Supreme Court
Ejectment for a farm, situated in the county of Otsego, tried at the circuit in that county in July, 1848, before Justice Morehouse.
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Ejectment for a farm, situated in the county of Otsego, tried at the circuit in that county in July, 1848, before Justice Morehouse. On the trial, the plaintiff gave in evidence a lease from George Clarke of the first part, to Samuel Thomas of the second part, dated February 13, 1795, of lot No. 36 in the subdivision of great lot No. 24 in the Oothout patent, for and during the natural lives of the said Samuel Thomas, Phebe Thomas his wife, and John Thomas his son, so always that the term should not endure less than thirty-one years, and reserving an annual rent of six pounds nine shillings…
1Opinion of the Court
By the Court, Gridley, J.
What is a reasonable search and inquiry for the lives upon the continuance of which the estate of the defendant in this cause was made by the terms of the lease to depend, is a mixed question of law and fact to be determined upon the particular circumstances of the case. What would be reasonable in one case might not be in another. I am of the opinion that the circumstances may be such as to render an inquiry of the tenant only, a reasonable inquiry an# search. If it were proved that the tenant was the only relation of the person whose life was in question, living in…
2Cases cited1 opinion
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
3Cited by4 opinions
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- McGlynn v. MooreCalifornia Supreme Court · 1864
- Miller v. ShieldsIndiana Supreme Court · 1876
- Campbell v. McEleveyOhio Superior Court, Cincinnati · 1859