Bleecker v. Smith
New York Supreme Court
This was an action of ejectment, tried at the Saratoga circuit in May, 1833, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover for the breach of certain covenants contained in a lease of the premises in question, executed by him to one Anson Waring, 24th October, 1817; under which lease the defendant held the premises.
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This was an action of ejectment, tried at the Saratoga circuit in May, 1833, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover for the breach of certain covenants contained in a lease of the premises in question, executed by him to one Anson Waring, 24th October, 1817; under which lease the defendant held the premises. The lessee covenanted that he would reserve and set apart txoenty acres of the demised premises for wood,and would not cut or permit to be cut or destroyed any of the timber or wood growing on the 20 acres, for any purpose than for building…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The verdict is cl early against evidence. It was proved that since 1830, and within two years before the trial, wood was cut and carried off the demised premises ; which was a violation of the condition, and of course worked a forfeiture. The principal question, however, arises out of the judge’s charge.
The conditions upon which (he estate was held, and fora breach.of either of which the estate was forfeited, were two : one that there should be a wood lot of 20 acres reserved, from which wood and timber should be taken only for the use of the farm, and for no other…
2Cited by27 opinions
- Webster v. NicholsIllinois Supreme Court · 1882
- Ireland v. . NicholsNew York Court of Appeals · 1871
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Camp v. ScottSupreme Court of Connecticut · 1879
- Conger v. . DuryeeNew York Court of Appeals · 1882
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