Nellis v. Lathrop
New York Supreme Court
This was an action of covenant tried at the Oneida circuit in October, 1838, before the Hon. Philo Gridlet-, one of the circuit judges.
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This was an action of covenant tried at the Oneida circuit in October, 1838, before the Hon. Philo Gridlet-, one of the circuit judges. The action was brought for rent accruing on a lease of certain premises executed by Daniel Ferguson and Nancy his wife, to the defendant, bearing date 21st May, 1832, for a term ending on the 1st April, 1833, with the privilege, however, to the tenant of electing at the expiration of that time, to continue the term four years longer, at a rent of $400 per annum, payable quarterly. The defendant entered and elected to continue the term. On the 20th April,…
1Opinion of the Court
By. the Court,
Cowen, J.
It is clear, that as between the now defendant and Ferguson, the lessor, the deed of February 28th, 1835, related back to the 4th of October, 1833; and from that time divested all title of Ferguson to that part of the demised premises included in it. The plaintiff claiming under him must, therefore, abide the legal consequences arising from Ferguson’s failure of title. The plaintiff stands in Ferguson’s place, being his assignee; and both must be taken to have been pro tanto totally destitute of title, and of all right to demise and to hold as landlord, from the 4th of…
2Cases cited3 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Gillespie v. ThomasNew York Supreme Court · 1836
- Chamberlain v. MallardMassachusetts Supreme Judicial Court · 1824
3Cited by25 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
- Moore v. SmeadWisconsin Supreme Court · 1895
- Randolph v. CarltonSupreme Court of Alabama · 1845
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