St. Andrew's Church v. Tompkins
New York Court of Chancery
THE defendant, T., on the 1st oí May, 1815, purchased 94 acres of land, in Richmond county, subject to three several leases, each for 21 years, on three several parcels of the said land, and which parcels amounted in the whole to 46 acres.
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THE defendant, T., on the 1st oí May, 1815, purchased 94 acres of land, in Richmond county, subject to three several leases, each for 21 years, on three several parcels of the said land, and which parcels amounted in the whole to 46 acres. To secure parts of the purchase money, he gave to the plaintiffs three several bonds, payable 1st of May, 1822, 1st of May, 1825, and 1st of May, 1826, without interest, and a mortgage upon the whole, to secure the same, and also a bond, payable 1st of May, 1825, with interest; and for non-payment of interest on the last bond, the bill was filed to…
1Opinion of the Court
The Chancellor.
The Bank is not chargeable with notice of the leases, or of the agreement of the mortgagor to apply the rents to the plaintiffs as a substitue for interest. Notice that the estate, or part of it, was in possession of a tenant, has been considered as notice of the lease and its contents. In Taylor v. Stibbert, (2 Vesey, Jun. 437.) Lord Rosslyn held it to be a rule in equity, that whosoever purchases an estate from the owner, with information that it was in possession of tenants, is bound to inquire into the estates of those tenants, and is bound by the leases they hold. The rule…
2Cited by4 opinions
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- Pettis v. DarlingSupreme Court of Vermont · 1885
- Purvis and Wife v. . CarstaphanSupreme Court of North Carolina · 1875
- Weideman v. PechAppellate Division of the Supreme Court of the State of New York · 1905