Slavery, or Involuntary Servitude; Does It Legally Exist in the State of New York? Points on Argument in Court of Appeals. Opinions in Court of Appeals

Slavery, or Involuntary Servitude; Does It Legally Exist in the State of New York? Points on Argument in Court of Appeals. Opinions in Court of Appeals

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...333, 336; Key v. Goodwin, 4 Moore & Payne, 341, 345; Palmer v. Couley, 2 Comst., 182. 3. The plaintiff, whether he claims as devisei' or assignee, or both, is entitled to the rent, and could, at common law, recover upon the covenants in his own name and legal right (Scott v. Lunt's Adm'r, 7 Peters, 606, and other cases cited in 19 N. Y. R. 97,99). At all events, "he could have prosecuted in the name of the grantor, or his heirs, for the benefit of the equitable owner.' (19 N. Y. R. 85). If no legal remedies remained, he could recover in equity. (Story's Eq. Jur., 705, 712; 1 Paige, 90; 4 John. Ch.. 287; 13 Price, 721; 2 Sch. & Le., 109; 1 Mer., 53; 8 Barr., 28). By the Code, 69, 111, all distinction between legal and equitable remedies is abolished, and "the one civil action " which the plaintiff has brought, is the only form now permitted, and is sufficient to entitle him to recover upon any legal or equitable grounds. 19 N. Y. R., 85; 4 Selden, 119; 1 Grey's Mass. Rep., 327. N. B. For further points on the effect of the law of 1860, see the points (in Van R. v. Slingerland, herewith argued), which are annexed, and referred to without repetition. In the Court of Appeals. Stephen Van Rensselaer, Respondent, agt. Albeet Slingerland, Appellant. Points for Plaintiff, Respondent--FACTS. The'judgment appealed from was for the recovery, for nonpayment of rent, of the lands granted by indenture, or lease in fee, dated July 9, 1790, between Stephen Van Rensselaer, grantor, and Gerrit Sager, grantee. (See fol. 60, refering to the complaint, for grant, fol. 31 to 33; for rent, fol. 33 to 34; for distress, fol. 36, 38; for condition for re-entry, fol. 39; 42, will of S. V. R., fol. 61 62; default in payment of rent, fol....show more

Product details

  • Paperback | 32 pages
  • 189 x 246 x 2mm | 77g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236528395
  • 9781236528391