People ex rel. Kline v. Rickert
New York Supreme Court
Forcible entry and detainer, tried at the Schoharie circuit, October 23d, 1826, before Duer, 0. Judge. The defendant was indicted upon the statute (1 E. L. 96,) before a justice of the peace, and the indictment was removed into this court by certiorari. On the trial, it appearea that one Snyder, being the owner oí a farm, m 1822, let, by parol, to the relator, six acres of it, for four years, for which the relator was to enclose the demised premises in fence, by way of rent.
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Forcible entry and detainer, tried at the Schoharie circuit, October 23d, 1826, before Duer, 0. Judge. The defendant was indicted upon the statute (1 E. L. 96,) before a justice of the peace, and the indictment was removed into this court by certiorari. On the trial, it appearea that one Snyder, being the owner oí a farm, m 1822, let, by parol, to the relator, six acres of it, for four years, for which the relator was to enclose the demised premises in fence, by way of rent. The relator entered, made the fence and occupied the premises about one year, when Snyder sold and conveyed the farm,…
1Opinion of the Court
Curia, per Savage, Ch. J.
The questions to be decided are, 1. Whether the relator was tenant for years within the meaning of the statute ? and 2. Whether the acts proved amount to a forcible detainer ?"
*230The act to prevent forcible entries and detainers, gives the remedy provided by it, as well to tenants for years, and guardians, as to such as have estates of freehold. [1] The act for the prevention of frauds enacts, that all leases or terms for years, created by parol, shall have the force and effect of estates at will only. This part of our statute is a transcript of the 29 Ch. 2, ch. 3,…
2Cited by33 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Fults v. . MunroNew York Court of Appeals · 1911
- Coudert v. . CohnNew York Court of Appeals · 1890
- Larkin v. AverySupreme Court of Connecticut · 1854
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