New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-02
Netu7lprk Dailp Gribrnrk
THE ANTI-RENT CASES.
IN THE COURT OF APPEALS.


recover rent alleged to be ar and the second 10
recover possession of the premises for alleged norpsy
men. Of rent. The defendant in case interposes
demurrer. The premises are in Rensselaer, County.
st.phsn Van Rensselaer, az. Robert Hsyes-Covenant
81. ph.n Van Rensselaer, agt Peter Bsl-sjectnen
In the foregoing cases the actions similar, but in
each case trial was had in the Circuit The premise
in Al5eny Comfy.
The written deeds upon which the four actions are
founded are substantially he in form and effect,
and the defense set up is substantially <he same in
each case. For the plaintiffs, appeared Charles H.
jenkins; and for the defeu dsDts Jean H. ReyGolds,
Vim. NJ Evarts, Nicholas HI, Anson Bingham, and
A. j. Colvin.
Mr. Reynolds in opening the case referred the Court
to the deeds upon which the scoDs sought to be
sustained. Two Of them were dated in 1890, one in
1892 and the ether in 1896
Each of the deeds declares that Stephen Van Rensse-
lssr in consideration Of FIVE shlings and also in con-
sheraton Of the yearly rents covenants atd conditions
therein contained hath granted bargained, sold, re-
mjsed released and confirmed, INTO the era'tor, in
each case, farm. piece, or psfcel OF lend winch ls
particularly described by metes and boundsnes, To
have and TO hol the unto tie said granter, his
hers and assigns forever.
Tbs nsnal reservstons Of mines minerals mill sites,
and streams and land under wster, and quarter sale,
are inserted il each deed ard eacO also provides for
the payment OF yearly rent OF WIchty lat lONs, anu
day's service with carnage and horses.
The plBLtifis claim az deSisees or asslgnees OF
Stephet Van Rersslaer the original grantor, and the
defendants are admitted to be assgnOrs OF the org nl
grantees.
The question is csn either ejectment or covenant
be sustained rs between These parties Tee defend
ants claim that they not snswerable to the plain
ts, because they are not pa des 10 The oISnai con-
tract and becsuse, assigness, they hold the lsLd
and oil the legal estate therein discovered from all
estate Of the original praI tor and discharged from all
the covenants aud conditions Of the grant,
Under the feu6al system, the sovereign was the
owner Of all the land 10 the kingdom Every holder OF
o fee was the tenant of the king Every tenant had
the ri-ht 10 crete a fee, TO be held Of HIMSELF pro-
yded the sub tenancy thus created were less In amount
or time than his own estate.
Rot ST first no tenant neither chief lord that is,
one who held his ,ordsbip and lands Immediately from
the kirg or any subenant, could sell or ALLEVIATE bis
estate without the consent OF bis superior lord Such
conseYt was necessary in order that the superior lord
might see that his tensDt reserved the services
which would enable him to perform his rn contract
individuals could bold estates ID land only and thus
own either tensncies or the reyersions OF teAarces
Every tenancy had it's immediate reyerslon. Inc
q cation of tenancy RENTED in leaving reversion
in the party creating it. Without 1eversion no new
tenancy coul1 be created.
Every party creating an estate or tenancy parted
ONLY with tie rigt of DO session The right Of prop
erty continued in him, snd this was the reversion.
The largest esta capable Of creation was fee,
and under tie federal system, fee was as strictly
aBcy for life, years.
The owner ofevery estate could create another to
be held OF himself and Of THE tenancy he became the
lord, and 80 new lCrd aDi new tenant were auaeu
TO the same premises.
The new tenancy in oil cases, was less than the Zee,
because the assignment of the fee would operate as
transfer of the whole estate aud not as tue creation OF
a new one to be held Of him as the lord.
Thus every tenant IN fee coHd make himself the lord
of fee by creating rev estate of that kind in some
party who would thus become bic tenant
In every care u escheat called the possibility OF
reyerter remain ed in the lessor, and was deemed
leversion sufficient to subvert the tenancy.
BY this process, tenances in fee could be multiplied
ad infnitum Each one added a new lord and new
tenant to the same premises.
ton was this: Alienation substituted one eDant for an
other: ul-inieu Iaton added Few tenant aud new
lord. -
Tie lord Of one tenant might be the tenant In Tue
seme premises Of q superior lord. 80
A party creating estate could, at the time OF lie
creation reserve rents aud services, and ias'en them
as burdens Oh the land ,
Covenants could alec, at the same time, he fastened
Oh Tie reveItion IA favor Of the tenant
Covenants thus became attached 10 the two estates
tile reyersion end the tenaney each covenan. To
T. { ole ss a burden, and TO the other as dement,.
Whoever succeeded 10 these two estates respec-
lively became liable 10 perform the covenants
attached as burdens, and to exact tue performance OF
those attached % b, nebts and the owners Thereon
snsteined 10 each other the relation OF lord ana tenant
covenants be imposed as binding upon land.
Wien the owner Of tenancy III Zee, or any Jesse.
,srhrcy aened or sssignsd bis tenancy, he conc not
afix covenants or conditions TO the premises soiu
either in his own fsvOr in favor OF any oter per-
son He vas then merely the vendor, ana not the
essor of the estate; and his aenee or assignee, was
bis verdee, sLd not MS tenant. In sach case, the
ytnjee became the tenant OF the sainc oiu Va "H'n
The vendor before held
The owner of every tenancy had the absolute
property therein as to every other party except ms
immediate reyersoner but TO him he had only the
right Of possession; consequently the tenant IN Zee
who held Of the severe go had the absolute property
as to ey cry other iniiy idusl in the kingdom.
Such ives the state Of the law in Eng lsnd PRIOR 10
the year 1890.
TSen was enacted the statute "Quia Emptores," 80
called from the fret words Of it.
TIE operative words Of this st -tute were:
"Hepceforih it shall be lssful 10 any freeman to
sell at his pleasure, his lands and tenemens. or
part thereof So nevertheless, that the ieo!ee tpur-
chaser .hall held the same lands and tenements OF
the chief lord o. the fee and by the same ser
vices and customs as his feoor grsntor held them
before"
Another section provided that part of the lands
he sold the purchaser shall hold the sane OF the Chief
lord and shall be chsrged with such proportion OF the
services ought to pertain to the eoiei iord &c
cording 10 the quality o! the lands and tenenents 20
Sold -
Previous to this statute no Of fee could sell
ana ALLEVIATE his estate or any part OF H. without the
consent of his lore. II he wished to part win any
portion Of his estate, without such consent, he was
compelled 10 create tenure under himself, by grant
restryirg himself rents und services Sufficient TO
erabe hmm 10 perform his Obligations TO LIS supe-
Tor lord Then sub-tenancies, or subnie udsuons ID
process of time becsme very embarrassing 10 the CHEF
lords and threatened 10 defeat tier enjoyment o.
their estates. -
They therefore procured the enactment of this
law which removed oil restraint, and thereafter per-
u,el the free nation of fees parts Of fefs but
81 Al, pXfrn