Underhill v. Van Cortlandt
New York Court of Chancery
[ * 340 ] THESE were original and cross suits. The original bill, filed the 30th of September, 1813, stated, among other things, that the defendants in that suit, on the 18th of February, 1792, by indenture, leased to Robert Underhill and to the plaintiffs, Abraham, and Joshua Underhill, and to Thomas *and William Burling, a mill-place and land, at Croton, of 70 acres, for the term of 21 years from the 1st of May, 1792, at the annual, rent of 40 pounds a year; and it was…
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[ * 340 ] THESE were original and cross suits. The original bill, filed the 30th of September, 1813, stated, among other things, that the defendants in that suit, on the 18th of February, 1792, by indenture, leased to Robert Underhill and to the plaintiffs, Abraham, and Joshua Underhill, and to Thomas *and William Burling, a mill-place and land, at Croton, of 70 acres, for the term of 21 years from the 1st of May, 1792, at the annual, rent of 40 pounds a year; and it was covenanted, “ That the lessees might, at their discretion, build any mills and other buildings on the premises, during the…
1Opinion of the Court
The cause stood over for consideration to this day, when his honor the chancellor being about to deliver his opinion, the counsel for the plaintiffs in the cross suit presented a petition, stating that the plaintiffs had concluded that it would be more eligible for them, instead of paying the 18,000 dollars, at which the mills, &c. had been valued by the appraisers, to release the premises to the defendants; and they therefore prayed a decree that they might release the premises, in fee, with the land on which the mills, &c. were erected, and such quantity of land adjacent as might be…
2Cases cited3 opinions
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
- Evans v. JordanSupreme Court of the United States · 1815
- Davy's Executors v. FawSupreme Court of the United States · 1812
3Cited by53 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Matter of WilkinsNew York Court of Appeals · 1902
- West Va. O. & O. L. Co. v. VinalWest Virginia Supreme Court · 1879
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
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