Hardy v. Akerly
New York Supreme Court
APPEAL from a judgment in favor of the defendant, entered upon the report of a referee. The complaint contained two counts: 1. For rent upon a lease, under seal, by the plaintiff to the defendant, dated September 28th, 1847, of 108 acres of land in Shandaken, Ulster county, for twelve years. 2. A count for use and occupation of the same lands from September 28, 1847. The answer set up three defenses : 1. A general denial. 2. Adverse possession by the defendant and those…
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APPEAL from a judgment in favor of the defendant, entered upon the report of a referee. The complaint contained two counts: 1. For rent upon a lease, under seal, by the plaintiff to the defendant, dated September 28th, 1847, of 108 acres of land in Shandaken, Ulster county, for twelve years. 2. A count for use and occupation of the same lands from September 28, 1847. The answer set up three defenses : 1. A general denial. 2. Adverse possession by the defendant and those under whom he claims, for twenty-five years. 3. That at the time the lease was executed, the defendant, and those under whom…
1Opinion of the CourtHoq-eboom, J.
Assuming the facts to be as found by the referee, with some modifications and additions required by the evidence, I am of .opinion there should be a new trial.
On the 28th day of September, 1847, the defendant took a lease from the plaintiff for twelve years, of the premises in question, and covenanted to pay therefor the rent, for the recovery of which this action was brought, and under this lease he took or accepted possession, and repeatedly paid rent, to wit, in 1848, in 1851, in 1852 and in 1855. This possession he never relinquished, but continues to the present day; he never paid rent…
2Cases cited4 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Simers v. SaltusNew York Supreme Court · 1846
- Central Bank v. PindarNew York Supreme Court · 1866
- Willis v. HavemeyerThe Superior Court of New York City · 1856