New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-02

.,,d isrcf'o ~ folrd,n any -,sta'e " sny las dc
iioLsiy n oily ia~ ok l. Lss lts fiat appearance
10 hi, opifiup. II II il eqalvzie 70 Iry-fson,
| Z eb fr sn 'hs purposes 81 contirui0g the 'eudsl
sys,em II, - by htas practice Of snoio.
uearlor sboisrei by the salute Of ;ensres, may he
| c"ptiu.a nfcinitsly. 1n every n'N grant Of ZEE,
7 th-T. wi p. created lDrd Of tn, est y.
BY every statute OF t.uures every grantee 10 fee
holds lir leud OF the same services ~ ms gIant"r
His srsutor becomes stranger IL TIE lana, and the
grantee owes the services A. the grsntor 0sed
TO the people Of he State. Blu, ,his neEly d s.
covered estate in lard this monstrJSiy IN IaS tos
en " ,ssgpsbe is In be used 20 JON tosther those
WHO we're before separated then the grantee can 70
. oI ger hold biz l-ros Of tie sane --rvice. a. hi-
ersItof; but every grsrt"r 'an create ana Ia'7o
/ upon lands ne services due T. hinl.elf.
A few general propositions, 4FpAeaols TO Al the
Et. aP}r+v III. hlD. !" "a are
srcss IN fee passing q est-te o, the grautor
leaviIe reyeIson or possibility OF rever,er IN hni
! or bis heirs
2 1t suits that there usins interest or estste
| IN Van Rensselaer, upon which any covenant can be
fsteIed which r. can transfer ur-ss The Effects OF
statutes s preserve some unt.hned interest IN
Van RtI sseaer, which for the mere purpose OK en-
forcing the covenants ~ the deed, 70 De resAded q
| ECU vaert 'o 8 rsyrr i0n.
| g. Van Rensselaer, granting, by he deed all hi
estate, Is stranger 70 the and granted 10 al lntehls
and purposes, ard car impose no condfi"rs, or We
pents or burdens, which With the land, and bod
| the assignee, unless nameess estate OF -5nare
bet1eer grantcr AMI grantee IL Zee, preserEed ny
statute.
IT, ID the present cases. tn relation Of landlord and
tenant exists it i conceded that toe plaintiffs must
| prevail
It's equally oertaia If tat relation does not exist
! there caL be 20 gbt at ac'hu.
Mr.. Je kIs on tie part 81 tie psilihs, c)nteodsd:
l. Ina. by the ind. utre fhs grantee tO0s an estate
in fee OF t Lerl.auc. Ia the lai d. but upon the con-
don Of pa rg rent IL Aas an estate IN Tee slnp!ti
! bet was conditional oeiensibe, ard rot ABSOLUTE .
The gran,or. by the words yielding and paying "
/ reseIyed. sId the granite grated cOvenantei snd
agree that tie g,intOr sroui have out OF the land
! rtIt which vac D.< tisg iC form, bat was never.
/ tbelt -, at iLcoTporesi teTedltameht
=. Tot TIE psriss tie deed expressly agreed nat
! tie covenants s on bi1d ts-ir sssigns.
3 That the parties owing the fs- hsd the Jus DIS
poHesdt ano posei to silk coyensnts and conditions
as they willed.
The only fleet OF the II tute OF tennres was to
make covenants repugr al, to the est.,e granted
| GId uthtTs rot.
l,gal jus. aud nee. .ssry That the covenants
should tnd the assgrees canse the rents ard cove
| psDts part IF ne coo sldeTatiJb.
4. That the grsutee rad his estate IN the land and
tie erenOr lis estate 10 the rent, rhch were sul
to carry the covenant for covenants rua with
estates or real property, .td as well WIN i"eOfporea'
| hereiitaments ana chsttels real "a with land
). The manner tine ami torn oi anuexivg the
covenants were proper, legal and Sufficient:
6. The covenants 10 pay the rent, ard Tor the re-
covery thereof were such could be affixed to the
rent, they affect tne night 10, and the value ana o'e
Of erioymtDt Of the sud granted, and are not col
| lateral nor Tepugnant To the estate granted.
:. The defendant by taking the estate, assu ned the
obiestion duty and equity xed, of paying the
rent lille be enjoyed the esta e. The remedies are
incident to the mt ara part of the burden upon the
3. Neither feudal tenure nor strict rever 'ionary
Interest il Iecesary Bake Goyen bud or charge
sssgDees ana prvity of estate dOeJ rot M an pTiVty
by tenure, except when that kind OF tenure happens
TO exist.
Numerous cases show that sufficient prvty or re-
atiop eNts and coyensuts BE- suseued III favor OF
assigIees of estates when 10 stret relation OF la1d-
lord and tenant or tenure exls's.
g. The lat on aid mutual ln'eTssf ~ the Contract
ing parties az grsutOr and grantee and the succe slye
teTeets of sssguees taking the whole estate respsc-
lively c,ustItated al the pryiy ~ estate or TelatOu,
which is necessary 70 sustain the actions and RENE s
for rent, which the parties have provided and the NV
otherwise 6fiords.
Bytle common law of this STATE direct actions for
rent against sssgnees upoB covenants 10 leases ia Zee
reseryirg rents nave always been sanctioned and Gus
air co. The statute of 1905 virtually declared that, ne
all remedi. io rent, the relation OF landlord ana
tenant existed.
void have been heretofore taken, out not reported
ard ttat tie Supreme Court gave judgment upon the
clear equity and Justice of the obligation.
r. Under these manOiGl leases the legal as vel
as conventional tenure was created bstreen tue
grsntOr al grantee.
The statute QUA Emptores applied TO the lmlns-
diste tenants of tue King
Our statutes OF tenure calrOt apply, aud was not
Intended to apply to those nants VINO bad the iran
chse of manor, and TINS the chief l'rd., men
toned in the statute, for whose brDe' II was made,
and to whose tenants. their aienau0ns, It applied
II these statutes were applicable 70 such tel ants gen.
er,lls, the King, as Lord Paramount, granted and
erected LOrdshiD and Manor 10 all lnteEts aud
purposes, with poser to hold Court Baron, and
thereby, oi necessity and in turns, made MauOral
Lordsbip and licensed the chief lord of tins hef
fee 70 make eDau,s holding Of bin.
1h cut siion did sIss add is expressly reserved
II D.puyster sgt. Michse >, Ssiden, J2 The lease,
then If OF Oris land, was by an un ierenaut Of
the lord e the manor, to wnom the statute applied,
| 1t existed then.
Tie es,or, as lord and proprietor Of the uanJr,"
grsIted the le- in parcel Of the manor t. have
and hold yielding aud paying certain lent aud cer-
tsiu services hmie his heirs and sssisnee., thus
making Il ret tefure and rent service
TIE s'atute u l779 transferred t. the people the
night winch the kug tben had 10 the es'neat oi the
Il amor a. a magCr (, IesI md s@Tylcesl but II did
H. destroy the effect Of the King grant, nor take
the nancblse the maDorial "rdsulp, or ssgnoTy
WI stephen Van Rel sselaer hrd rs To his teoants
b. Il tie parties f1Isd 10 provide eectu1ly tor the
rec very # tie rent if their remedies rom express
ab ht"n ~ tts;ute other cause have become met.
,c'ual; the rent, snd the delenlaGts du,y and ool
gaioL 20 psy Il, reusn and n Court or Equity would
Blsays aud the prestnt Court must nov, eLiorce lts
Mr. bingham replied:
He remarked that We must fret disabuse our minds
OF all cor rotohs about property 10 land No lnivii'
ual has any property in land. 10 England the absolute
property all tee lane is in the by the four
eenth section Of the statute OF l79, tue absolute
property OF al lands, ssGnges enements ana hered-
iaut nts and OF all Ients, royalties, frsnehises, pre-
roeaiives privileges, escheats forfetnres DEBTS Dues
duties and services and al night aGd title TO the same
with the sovereignty and seignory thereof were vested
the people of tbis tate fro and after Joly 8 l776
The sbsoiute property thst is the fee, OF all lands