Stranaghan v. Youmans
New York Supreme Court
ACTION to compel the defendant to satisfy and cancel two judgments the defendant owns, against the plaintiff. The judgments were recovered against the plaintiff in actions of ej ectment for the recovery of the possession of land in the Kortright patent in Delaware county, for the non-payment of rent reserved in a perpetual lease made in the year 1801. In addition to the recovery of possession 'of the land, in the judgments damages and costs were also recovered.
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ACTION to compel the defendant to satisfy and cancel two judgments the defendant owns, against the plaintiff. The judgments were recovered against the plaintiff in actions of ej ectment for the recovery of the possession of land in the Kortright patent in Delaware county, for the non-payment of rent reserved in a perpetual lease made in the year 1801. In addition to the recovery of possession 'of the land, in the judgments damages and costs were also recovered. One of the judgments was recovered by the defendant in February, 1871. Jn that judgment the damages and costs were $772.31. The other…
1Opinion of the Court
Balcón, J.
The perpetual lease in question was made by John Kortright, now deceased, to William McAuley, on the 1st day of June, 1801.
I learn from the pleadings in the actions that there are 150 acres of the land; and that by the lease McAuley, his heirs and assigns agreed to pay, or cause to be paid, yearly and every year after the date of the lease, to John Kortright, his heirs and assigns forever, the yearly rent of sixpence sterling for every acre of said land, “in current money of the State of Yew York, equal in value to money of Great Britain.”
Current money of the” State of Yew York is…
2Cases cited3 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Bronson v. RodesSupreme Court of the United States · 1869
- Butt v. HogeNew York Court of Common Pleas · 1858