15 Wend. 379 | N.Y. Sup. Ct. | 1836
By the Court,
The agreement between the parties was a letting of the premises upon shares, and, tecffnically speaking, was not a lease. 8 Johns. R. 151. 3 id. 221. 2 id. 421, n. 8 Cowen, 220. There is nothing which indicates that the stipulation for a portion of the crops was by way of rent; but the contrary. The shares were of the specific crops raised upon the farm. It is very material to the
This case is clearly distinguishable from that tif Stewart v. Doughty, 9 Johns. R. 108. There the court, from the correspondence between the phraseology of the instrument and the terms usual in leases in the reservation of rent, came tó the conclusion that the proportion of the crops specified' in the agreement was intended as payment of tent in kind, and that therefore the whole interest belonged to the tenant. If my conclusion be correct, then the parties Were tenants in ‘common in the ctops, and as. the plaintiff stood in the placé of her testator, she was not entitled t'd sustain her action, and 'the common pleas did right to grant a nonsuit.
Judgment’ affirmed.