Decker v. R. S. Livingston
New York Supreme Court
THIS was an action of replevin, in which the defendants made avowry for rent arrear. The cause was tried before Mr. J. Platt, at the Columbia circuit, in September, 1817. The defendant held under a lease from Robert Livingston, dated May ¡7, 1775, to Isaac Spoon and wife, reserving a rent of 50 skipples of wheat, and two hens. In April, 1814, _ . . * the interest in the term became vested in the plaintiff by assignment.
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THIS was an action of replevin, in which the defendants made avowry for rent arrear. The cause was tried before Mr. J. Platt, at the Columbia circuit, in September, 1817. The defendant held under a lease from Robert Livingston, dated May ¡7, 1775, to Isaac Spoon and wife, reserving a rent of 50 skipples of wheat, and two hens. In April, 1814, _ . . * the interest in the term became vested in the plaintiff by assignment. On the death of Robert Livingston, Robert C. Livingston became possessed of the reversion, as his devisee, and on the death of Robert C. Livingston in 1794, it descended to…
1Opinion of the CourtSpencer, J.
Two questions have been made on the argument1. Whether the wife of John C. Stevens ought to have been a party to the suit; and, 2d, whether the receipts of one of the tenants in common for the rent of 1815, and 1816, are available as prima facie evidence of the payment of the rent of the antecedent years.
The rent for which the distress was made, accrued prior to October, 1815, but the case does not disclose for what years it grew due. Mrs. Stevens, who is one of the tenants in common, is not joined in making the distress, or *482avowry, with her husband ; and it does not appear whether rcnj_…
2Cited by26 opinions
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- Marshall v. . MoseleyNew York Court of Appeals · 1860
- T. G. W. Realties, Inc. v. Long Island Bird Store, Inc.New York Supreme Court · 1934
- Porter v. BleilerNew York Supreme Court · 1853
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