Blair v. . Claxton
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of ejectment for the non-payment of rent reserved upon a conveyance in fee, brought by the assignees of the grantor against the defendant, who was in possession under the original grantee.
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Appeal from the Supreme Court. Action in the nature of ejectment for the non-payment of rent reserved upon a conveyance in fee, brought by the assignees of the grantor against the defendant, who was in possession under the original grantee. The plaintiffs claimed that the annual rent, which was $45.50 per annum, was in arrear for six years, ending the 1st of April, 1852. The action was commenced in the latter part of that year, after the plaintiffs had served upon the defendant a written notice, pursuant to the 3d section of the act of 1846, abolishing distress for rent. (Ch. 274.) The case…
1Opinion of the CourtDenio, J.
The existence of prior grants of water rights to the one contained in the conveyance to Vanderwerken, would not be a breach of the covenant for quiet enjoyment in that conveyance, provided they were so restricted as to leave a twentieth part of the water at all times to satisfy the grant to Vanderwerken. But, according to the statements of the answer, the grants to Olney and to the Waterford Manufacturing Company gave the grantees the right to the quantity mentioned absolutely. Being prior in time to Vanderwerken’s grant, they were entitled to be first satisfied ; and, according to the…
2Cited by8 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Pridgeon v. Excelsior Boat ClubMichigan Supreme Court · 1887
- Allen v. StorerMassachusetts Supreme Judicial Court · 1882
- Sands v. SweetNew York Supreme Court · 1865
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