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

rropr,y AZ to that rsvsrsouee ne bad only the night
IT pusse.sor. Consequently The tensnt 10 Zee VINO
he'd # The sovereign was the absov,e oEn.r o. MS
tenancy "a 10 every ota.r Individual in TIE Kingdom
5. The Statute Quis Emptores prodac.d tSo aiIec'
,fi,es
/ II gave to owners Of estates. tsnSncies in
fee uthrited. and unrestricted Tlght OF ahensuo
Of those estates.
.de II urrossible for them 20 crsste terancies
in tee by declaring that every lease o AZ HAD SHOULD
oJeTste IS Al aisT alton. and no. s sn0ineudaeon.
o. The consequential effect of the stata'e vas 10
prevent land from ber perpetlaly bufieEsd or m
cun.berci with c"vepauts and conditions. This was
it, object, ard this ives It's effect.
T. A. he time of the execution Of the deefs upon
which these actions brought 1890 and 1880, our
law. were ike those Of England subsequent 10 the
statute Qnia Emptorts Individual. could not 81 that
time have lands IN fee They could hold such estates
and sell and assign them, but they colld no. create
them. Toty could be tenants in fee and assisn such
,erarces but coul rot make Their selves lords Of such
esiates Toe people in their sovereign capacity were
lords If the fee OF ali the lsnd 10 the State, and held
TIE reverson thereof and individuals were prohibited
from creating tensrcies in fee.
) Tee complaint il these does not alege that
tie plaintiffs had any estate or interest m the prem
mes ar ever bad possession OF which they we're de-
priyec by the de ,nc ants or any one else.
Or the ether h'uj, the plaintiffs shoS that they had
De- estate snd never rad possession.
Ttey DO lot alege thst the grantor hal any rever-
siou % which theyare entitled They chow reitber
riebr Of property nor right OF possession.
.. The Deeds bear no evidence OF an lntentlon 70
lease but Of an int ntion TO sell. The language hath
granted baIgsined sold, demised, released aud con-
filmed sli that certsin farm, piece or parcei Oh
lard "to have ard 10 hold TO the grantee, his heirs
and assigns forever" sdmits Of but construction,
and has been used for centuries but tor one purpose
10 wit as evidence of the ntenonof the party using
il 10 sell and convey al his estate and property
TO- As actions for the collection OF rents, the cases
csbuOt De sustained.
There was no lease. The operative words of lease
are demife grant, and to farm lei" or "demise,
lease, or b. farm let.
TIE couveyarces bei9g of tie whole estate aud in
terest of the grsDtor leaving no reversion IN hlm
not leases, but assignments or transfers OF the
gIabtOr's estate.
There being TO lease there rent. Rent has
Fixed legal meaning II is the compensation due to
the owner of land fol the use occupancy thereof
Rent is due from tenant Ia LANDLORD, and cannot
eN s, urder sny ot7tr relation.
Il. Tt maintain this action II was incumbent upon
the plaintiffs To show:
First. That Van Ransselaers deeds were deeds OF
Lease creating tensrcy, leaving the grentor the
ow Of the premises us as he was before their exc
cution except that after their execution he had tenants
Ur der him and before had uone
Second. That the PLAINTIFF had become the gran
ties of the rsversion before tue alleged rents accrued,
ard remained so mp to the commencement oil the &C
tore.
They have failed TO do ,heso things.
l. They have neither alleged the deeds to be deeds
Of lease, nor that the grantor bad the reverson.
=. They have not alleged themselves TO hsve been
grantees Of the reveIsiOD.
On the other hand they show that Van Ransseiaer,
al the date OF the deeds the of an estate IN
fee. He was tenant in iee The State was the iord
of the fee The escheat WAS IN the state ne statute
Of tenure provided thst If he sold bis fee his grantee
Should Immediately become the tenant OF the State.
He could make a !Sase in teei that ~ neither he
nor any one else could create tenancy 10 Tee. Van
Rensselaer, did hot attempt TO make deed OF lease.
lie hell tenancy in fee, and he sold aud assigned ~
He used tho APP. words Of Assignment, and not the
words of a lease. " .
II cfpnot be maintained that the graz tees could hold
the land of the came fee and of the same lord and
Hby the same services and customs by which the
vendor held, if they still remained tenants OF Van
Rensselaer,.
There can be lease without rent Int there cannot
he rent without q lease. Bot purchase money is not
rent and cal ing it will not make II 50; nor vii
covenant thst shs be paid in instruments for lint
tied number of years, or perpetnaly, make IL rent
Such covenants are personal, do hot run with tue
land, a.d are not binding upon the asslgnees oil Tue
tenants n fee.
~. Nor can these actions be sustained upon the
ground Il az these estaeS granted Van Rensselaer,
are estates upon condition.
There ale only two cases of voluntary conveyance Vi
estates from one Individual 10 another.
Fnst. BY creating tenancy
SHccrd. BY assigning tenancy.
The former is by making deed Of lease. The latter
by making deed of sae AID assignment.
The party who creates a tenancy car make IL an
estate upon rdton; provided he makes the condi-
toDs IN lie own favor.
change is character by adding or abstracting cond-
tOrs
H. Nor can the actions be sustained upon the ground
that Van Rensselaer, was lord OF The manor and IN
vested with the prerogatves OF the chief lords IN En-
gland among which tue right 10 cieate tenancy
IN f,e.
Even a lord of the manor could not reserve rents
upop an sIenatlon of his estate.
Bot the ih section OF the s,atee Of l119 settles thus
point The absolute property Of all lands and fran
ches aud the sovereignty and seignery thereof, are
,sted in the State The lord OF the MANOR aer the
passage Of that act more and 10 ess than any
other citizen His scguOry and 81 Gs pry eges were
taken away. He no longer hal any franchise in tie
manor. lie i,ft with estate IN the land, the
he had been the grantee or patent.e OF the
State. he was tenaLt in fee Of the SAFE lie coOd
eel aIc assign his tenancy but he could TO longer ere
a tenancy il fee Of which he would be the lord. lie
could DO longer exercise exclusive privileges aud pre-
negatives Lot belonging 10 other ctzens oi INC Stae'
Ire claim that princpalty exists here with classes
ard cas.es with lords and vassals PATRON snd Doors,
with rank title ana authority on the one hand, and
homage featy and services on the other, at! uId
II the Legislature did not take away the franchise u
manor 4. was because they could not do il. II they
did not take il awsy il exists now, with al its privi
leges Of holding courts baron ard leet and i political
right, such as appointing Members Of Assembly,
Sh.rfs Justices, &C. II we have chief lord nere, il
is time for the people TO know IT. Ii this is So then
there s part of the State 10 which the people
upon different footing from their fellow-ctzens in
the rest OF the State. Ii Van Rensses was manor
lord had power TO create tenancies 10 fee then he
il exalted above all other citizens and his tenants are
degraded below all others.
IL Mr.. Bnghams examination Of the opinions of
the justices and their Judgment in the Court be)w,
went over the same ground as that occupied by
Mr.. Reynolds.
Tie positions Of the Justices the Supreme Court
were subjected 10 searching analysis, that for an
hour chained the undivided attention OF tae Court
and bar.
10. TIE judgments in the Court below were given
upon a statute which provided action Of ejectment