Jacques v. Short
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover rent due on a lease from the plaintiffs Darius Jacques and Elizabeth his wife, to the defendant’s grantor.
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APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover rent due on a lease from the plaintiffs Darius Jacques and Elizabeth his wife, to the defendant’s grantor. On the 1st of April, 1839, Mrs. Jacques being entitled as the widow of Levi Van Parren, a former husband, to a life estate in certain premises as tenant in dower, and she and her husband, D. Jacques, being in possession thereof, they executed a lease of the premises to Elijah Stephens, for and during the natural life of Mrs. Jacques, at an annual rent of $100. This lease was…
1Opinion of the Court
By the Court, T. R. Strong, J.
It was admitted at the trial, that at the date of the lease the plaintiff had title to the demised premises for her life. This title was of course subject to the estate of her husband in the premises by virtue of the marriage, for their joint lives ; and it is settled that in an action “ for rent or other cause of action, accruing during the marriage, on a lease or demise or other contract relating to the land or other real property of the wife, whether such contract were made before or during the coverture, the husband and wife may join, or he may sue alone.” (1…
2Cases cited3 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Decker v. R. S. LivingstonNew York Supreme Court · 1818
- Provost v. CalderNew York Supreme Court · 1829
3Cited by4 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Durand v. . CurtisNew York Court of Appeals · 1874
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909