Kenada v. Gardner
New York Supreme Court
Ejectment for part of lot 94 in Hector, Tompkins county. Lot 94, except the state’s 100 acres, was patented to Peter Os-terhout on the 22d of Dec. 1791. Cornelius Osterhout, claiming to be the heir of the patentee, conveyed all the lands to which Peter Osterhout might be entitled, as a soldier, from the state of New-York or the United States, to William Radcliff, on the 14th of July, 1792. William Radcliff conveyed to Jacob Radcliff, April 16, 1798. Jacob Radcliff, on the…
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Ejectment for part of lot 94 in Hector, Tompkins county. Lot 94, except the state’s 100 acres, was patented to Peter Os-terhout on the 22d of Dec. 1791. Cornelius Osterhout, claiming to be the heir of the patentee, conveyed all the lands to which Peter Osterhout might be entitled, as a soldier, from the state of New-York or the United States, to William Radcliff, on the 14th of July, 1792. William Radcliff conveyed to Jacob Radcliff, April 16, 1798. Jacob Radcliff, on the 26th of May, 1815, mortgaged the premises to Brockholst Livingston, who died testate and appointed Susan F. Ledyard, his…
1Opinion of the Court
By the Court,
Morehouse, J.
The parties in this suit claim under the same patentee, and the question of estoppel is raised as to both. The principle of estoppel, as between lessor and lessee, is well established. It is of the essence of the contract that the paramount ownership of the lessor shall be acknowledged during the continuance of the lease, and that possession shall be surrendered at its expiration. The lessee cannot set up the title of another, without violating his contract and breaking the faith he pledged on obtaining the possession, to surrender it again. (Blight v. Rochester, 7…
2Cases cited3 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Sayles v. SmithNew York Supreme Court · 1834
3Cited by10 opinions
- Greene v. . CouseNew York Court of Appeals · 1891
- Knapp v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Burkhart v. Tucker, New York County Courts1899
- Babcock v. Dean, New York County Courts1931
- Hibbard v. . RamsdellNew York Court of Appeals · 1889
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