Jackson ex dem. Schuyler v. Corliss
New York Supreme Court
THIS was an action of ejectment for lands in Lot No. 33. in the Saratoga patent. The cause was tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness.
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THIS was an action of ejectment for lands in Lot No. 33. in the Saratoga patent. The cause was tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness. A lease was proved, dated the 8th December, 1795, - 7 1 by which Philip Schuyler, under whom the lessor of the » plaintiff claimed, demised the premises to Oliver Warren, for 21 years, from the 1st January, 1796. The lease contained a reservation, covenant and proviso,, as follows: “ And the said lessor for himself doth also save and reserve the one equal fourth part of all mo- * 1 neys arising, or that may arise, by, or…
1Per curiam
A sale of the premises under a judgment confessed by the defendant was no forfeiture of the lease, under the covenant and proviso stated in the case, unless the judgment was fraudulently confessed, with a view to defeat the lessor’s reservation of one fourth of the money offered. The jury have decided the question of fraud in favour of the defendant. The covenant only applied to voluntary sales, by the lessee. The case of Doe, ex dem. Mitchinsen, v. Carter (8 Term Rep. 57.) is in point. The subsequent decision on that case, (8 Term Rep. 300.) was founded expressly on the fact of fraud in…
2Cited by9 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Fleming v. Fleming Hotel Co.New Jersey Court of Chancery · 1905
- Overbagh v. PatrieNew York Supreme Court · 1850
- Crouse v. MichellMichigan Supreme Court · 1902
- Charles v. ByrdSupreme Court of South Carolina · 1888
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