Jackson ex demis. Colden v. Brownell
New York Supreme Court
THIS was an action of ejectment, for lands in Pittst own, in the county of Sensselear. The cause was tried at the circuit in Rensselear county, on the 30th May 1804, before Mr. Justice Spencer. The plaintiff produced, and proved, a lease of 248 acres of land, the premises in question, dated, the 15th March, 1794, for the term of 21 years, executed by Alexander Golden, deceased, on the one part, and Ebenezer Wilson, as lessee, of the other part.
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THIS was an action of ejectment, for lands in Pittst own, in the county of Sensselear. The cause was tried at the circuit in Rensselear county, on the 30th May 1804, before Mr. Justice Spencer. The plaintiff produced, and proved, a lease of 248 acres of land, the premises in question, dated, the 15th March, 1794, for the term of 21 years, executed by Alexander Golden, deceased, on the one part, and Ebenezer Wilson, as lessee, of the other part. The lease contained the following condition: “ That in case the lessee, his executors or administrators should suffer or permit more than one family…
1Opinion of the CourtThompson, J.
I think the number of tenants is restricted to two ; no number beyond that will comport with the terms of the lease. The clear import of the restriction is, that there shall not be more tenants, than so that each one may have one hundred acres of land; and if so, it appears to me to result as a mathematical certainty, that 248 acres will admit of only two tenants. The given number of acres being divided by one hundred, the quotient will designate the number of tenants. It is true, that courts have always held a strict hand over conditions for defeating leases. But when parties have made…
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