Watts v. Coffin
New York Supreme Court
THIS was an action of covenant for the non-payment of rent reserved on a lease, in fee, of certain lands in the city of Hudson, from John Van Rensselaer, deceased, to Jacob Herder, deceased, dated the 18th of December, 1773. The cause was tried before the late Chief Justice, at the Columbia circuit, in October, 1813. The grantor had covenanted in the lease, for himself, Ms heirs, and assigns, with the grantor, his heirs, executors, administrators, and assigns, to pay, as a…
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THIS was an action of covenant for the non-payment of rent reserved on a lease, in fee, of certain lands in the city of Hudson, from John Van Rensselaer, deceased, to Jacob Herder, deceased, dated the 18th of December, 1773. The cause was tried before the late Chief Justice, at the Columbia circuit, in October, 1813. The grantor had covenanted in the lease, for himself, Ms heirs, and assigns, with the grantor, his heirs, executors, administrators, and assigns, to pay, as a yearly rent, for the said granted lands and premises, the yearly tenth part of all the produce thereof, to the grantor,…
1Opinion of the CourtVan Ness, J.
Several points have been raised and discussed in the argument, upon which it is unnecessary to express any opinion. Whether the covenant relating to the common of estovers and pasture, rims with the land, and binds the assignee of the rent; whether if the landlord approves, or encloses a part or the whole of the commons, the rent thereby becomes suspended ; whether a rent, strictly speaking, can be reserved upon a demise of an incorporeal hereditament, are all questions which it is not requisite to decide, in this case. The right of common, of which the defendant complains she has been,…
2Cited by14 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Lewis v. PaynNew York Supreme Court · 1830
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
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