New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-02
THE TRIBUNE.
,lnuorinI Land Tcnures.

xcs have always presumed that TIE Law oj inc
.n.,ains the claims Of the Landlords in those
-. Of oor State disturbed by the Anti Rent ex-
and iuslihes the modes resorted 10 Tor their
..e,,cemept. The communication Of George Gin
=, Jr' in this days Tribune opens view OF the
4 ..h,se, entirely new 10 US The auibor-an able
.,d earned member Of the New-Hork Bar-man-
l, ,,. ,hs, the assumed Right Of Distress tor Rent
| A., M ,r,stence on lands held under PERPETUAL
l,a.e. and we do not bow his positions are to
. ovcrthrown. He is grave, earnest man, who has
\ a motive for being swayed, and whom no motive
,sld sway from the right. II his positions are
so,d il behoves Agents and Sberiis and posses to
.l veIl 10 their doings and not involve themselves
.srious and perious responsibility we stand ior
| ~ Law while it exists, and its amendment where
| xossd wrong. If the Anti Renters have been dis
...ed Illegally that alters the complexion of the az
Air entirely II herebc any error In our correspond
ant. article we would like to see il pointed out
twill be observed, Of course that the ground al
suvted to be proven by our correspondent is simply
IA, the Landlords in these Of perpetual leases
snnot collect their rents by warrant but must re-
II TO the usual remedies of law by an action on the
rvenants or agreements contained in the lease or
annoyance.
/ ne Land Qucstion-Riehi Of Distress ior heh''
70 A Editor Of The Tribune
The Anti.R question in the State OF New
York is one that demands the calm and candid con
alteration Of every person who seeks the right to The
protection Of our laws In such time II i'll becomes
a.y one 10 be swsyed by partisan feelings or polit-
cal excitement all we ask is TO be judged by the
law, and let every one innocent or guilty, resort TO
|, As shield and protection. Tried by the laws it
will be found that the persons who are branded with
the title Of Anti Renters and in some high quarters
As Natires, for political effect, are lawfully entitled
10 the farms on which they reside and are the own
srs thereof in fee simple whenever they hold under
perpetual leases
We will first consider what is the estate which
person takes who holds under q perpetual lease
which is n lease as long grass grows or water
runs Such a conveyance, however iettered by con
lions and covenants. is conveyance In fee simple,
md vests the estate in the purchaser, taking H.
what in law is known an estate in fee simple
The person who holds such grant is tenant IN fee
supe and such n tenant il he who has lands tene
nents 10 hold to him his heirs forever Cokes Lit
teion p.l
This estate declared TO be the highest estate known
btae law and person who vested with this estate
csrnOt stand in tho rotation of tenant To landlord
Ts tenant IL the owner OF the land, ana the rela-
eonshp Of landlord aud tenant cannot exist to such
tnure The tenant is not in condition TO be called
pnant TO any landlord and landlord AS respects him
e,ists or known the law, though the person who
hu taken perpetual lease II is called or more pro
,,ery il should be called grant in fee OF the land to him
and his heirs for ever may covenant TO pay certain
yearly for his grant OF TO give two or more tat
Ior and TO do many other things yet he Is not ten
10 any other person The grant may have divers re-
preons and conditions attached 10 It, and be incum'
herd cogeedn various ways yet these enure TO the
grs'ior by way OF covenant only. such condition
brUhen only right OF action, and judgment and
execution follows for the damages
restraint upon alienation by the grantor and demand
oiquscr sales transfer OF the land docs not change
The Of the enancy-bccause by reference TO the
esise Of Sir Martin Wright the Law of Tenures OF
Land we find that all land originally held of some
Lord or Baron. and could not be aliened at Common
law wihou, the license and consent OF the lord and
soir was the doctrine of the Common Law carried
Hs In early times the tenant, when he had obtained
ne consent Of the lord could even then cell kis
asd which 10 him by descent without the consent
dhe heir a, law Nor could the tenant subject his
and the payment of his debts and the part of the
nd be could transfer sell his estate without the
consent OF the tenants. Wright ON Tenures, y. 40.
though tenants held their land under the feudal
iesmen of a superior lord. Yet they had estate in
le ample and were the owners in law OF the land
The feudal System WAS abolished Icing before the
American States had settlement IN them and all such
iensres declared alIodal or such as are held
N Ice without any acknowledgment TO a lord or supe-
nor Revised Statutes p. ia, sec s. Tomlinsons
Law Dictionary. tiue Allodisl.
Estates nevertheless may be granted on demised up
eondon in New ork and this brings US 10 consider
their nature
Al conditions may be divided into two kinds
l. Conditions Precedent.
Conditions Subsequent
grant OF land upon Condition Preceden, is such as
ssnnexsd to estates and must be punciualy performed
eeiofe The estate where man grants land
smother upon the payment of the purchase money no
entry OF the land be had 10y the purchss
uania be has hrs, paid down his purchase money -
me estate does not rest until payment
But on a Condition Subsequent the estate is immedi
e vested IN the purchaser and the property becomes
nn upon entry where the purchaser agrees 10 pay
tssy sam or annuity TO the grantor which is miseaed
asnf LOT the sale OF the land.
ihe land having become vested in the grantee he Is
Wv ne owner and has the estate solely vested In him
-a 'ne grant perpetual lease paying syesry sum-
euN OF annuity. whatever may be called, the estate
me purchaser acquires s fee simple and he now
h. become his own iaadlOrd-the owner Of the soil.
rae tenant OF land under such grant owes no rela-
70 any other person AS landlord and the relation
landlord and Tensn, does exist between them
beng the fact the right Of distress by the Revised
oies OF the state OF Newlork does not exist TO col
~, "e anhuiy from the enjoyment OF the land. Re
statutes, y. Az sec. :. declare that No officer
proceed 10 make distress for rent unless there 10
s1nexed 10. or delivered with the of distress
M smaavif made by the LANDLORD, for whose benefit
~ esoess s made, or his agent receiver specifying
"serued~ w 49, "
sope,sons except lsndhoders can disirain and when
e~snonship Of Landlord and Tenant does no, exist
's night Of distress does belong to the grsn,or
APeus lease Of land gives no revcrsonsry interest
he grsnior and without reyerson there il NO right
maze use ofthe process Of the Landlords Varyanf TO
and VIC s'a'' vi INC
Rent considered rs ncideft to the revcr.iOn and the
sota reversiou destroys the right of distress al com
sa aw BTadby on Distress, p. ~. Even al common
Nwss not every reservation though nominslly Of
~ winch constituted properly 50 called, for IL
. shnaA sum OF money reserved upon grant OF
Moofporssl herediiament the reserved wss
,srnt but only PERSONAL aRssgy. Brady on Die
ss~.P. oe- And the agreement OF the parties cannot
ue Jaw In this respect, give night OF dstresl
none existed without such agfceincnt Brady, p
~ ~ ne common law even when rent upon a lease
~ unied OUT Il land by deed the grantee had nc
% dissrsin; but 10 remedy this inconvenience
iss power OF distress inserted 10 grants Of ihi.
ana NO was then called ehv9e, because the
h., ~ Sefe charged w.th distress Coke Lit l43
us,. saen charges upon land were considered con
n ~ sos policy Of the common law and rent charge
70 be sgainst common right Gilbert on Rents
NO ~ me common law. which Is The law Of this State
rsoh could dstrain for snpuity or a rent az
SSsealed. who did maintain the relationship
- Nl~tt.g