Bigler v. Furman
New York Supreme Court
APPEAL from an order sustaining a demurrer to the defendants’ answer. This action was brought upon an indenture of lease, made and executed on the 9th day of June, 1865, by and between the plaintiff and defendants, whereby the former let to the latter certain premises therein described, from the 1st day of July, 1865, for the period of five years; at a rent agreed upon.
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APPEAL from an order sustaining a demurrer to the defendants’ answer. This action was brought upon an indenture of lease, made and executed on the 9th day of June, 1865, by and between the plaintiff and defendants, whereby the former let to the latter certain premises therein described, from the 1st day of July, 1865, for the period of five years; at a rent agreed upon. The complaint simply alleges the making of the lease, and the non-payment of the installment of rent for which the action is brought. The answer admits the execution of the lease, and that nothing has been paid upon it. • It…
1Opinion of the Court
By the Court, Ingraham, P. J.
However harsh and oppressive the rule may be, I consider it well settled in this State, that a tenant cannot dispute the title of his landlord, unless some change has taken place in the landlord’s title subsequent to the taking of the lease. In 6 Wend. 670, the court says: “ A tenant cannot dispute the title of his landlord, so long as it remains as it was at the time the *556tenancy commenced; but he may show that the title under which he entered has expired, or been extinguished.” This case was approved in 15 N. Y. 374. In Vernam v. Smith, (15 N. Y. 328.) Denio, Ch.…
2Cases cited3 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Hoag v. . HoagNew York Court of Appeals · 1866
3Cited by2 opinions
- Levine v. LindenthallTexas Commission of Appeals · 1881
- Union Ferry Co. v. FairchildNew York Supreme Court · 1919