Jackson ex dem. Livingston v. Bryan
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession of a lot of land, distinguished by lot number seven, in class number three, of the house lots in lot number seven, in the subdivision of lot number twelve, in the sixteenth allotment of the Kayaderosseras patent.
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THIS was an action of ejectment, brought to recover the possession of a lot of land, distinguished by lot number seven, in class number three, of the house lots in lot number seven, in the subdivision of lot number twelve, in the sixteenth allotment of the Kayaderosseras patent. The premises originally belonged to one Low, and after his attainder, were sold in 1786, by the commissioners of forfeitures, to Henry Livingston, under whom the lessor of the plaintiff proved his title. In 1775, Low permitted one Norton to Occupy the premises, and promised to pay for the improvements if he chose to…
1Opinion of the CourtThompson, J.
The title of the lessor of the plaintiff to the premises in question, is not denied, and the only point raised for decision is, whether the defendant was entitled to notice to quit, prior to the commencement of the action.— If. the defendant is to be considered a tenant at will, it has been settled in this court, that notice to quit was not necessary ; if he is to be regarded as a tenant from year to year, notice was requisite, unless he has done some act amounting to a forfeiture of this right. I am inclined to think, that the defendant can certainly be viewed in no more favourable light,…
2Cited by17 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Bulloch v. StateSupreme Court of Georgia · 1851
- Post v. PostNew York Supreme Court · 1852
- Herrell v. SizelandIllinois Supreme Court · 1876
- Hennesy v. FarrellWisconsin Supreme Court · 1865
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