15 Misc. 135 | New York Court of Common Pleas | 1895
The appellant claims that the petition was defective in failing to show that the conventional relation of land
But counsel for the tenant contended that the judge before whom this proceeding was taken had no power to adjudge the lease void, seeming to assume that it required some equity jurisdiction in order to make such an adjudication. In this we think he is in error. District courts have to pass daily upon the legality of contracts submitted to them for decision, and to say whether they are void, or of binding force. The determination of this
The tenant also claimed that the landlord was estopped by the recital in the deed from Weis and Herlt to him, which contained the following clause: “Subject to any rights Francis McGoldrick, or those claiming under him, may have in the above-described premises, or any part thereof.” Had the lease itself been recited in the deed, there might have been a foundation for such claim. Such, however, was not the case. It is nowhere referred to in the deed. The only thing reserved to Francis McGoldrick were “any rights” he might have in the premises. These rights must, of course, be either legal or equitable, and capable of enforcement in a court of law or equity. But it is clear that the lease relied upon was invalid at law, and could create no right in the tenant. Sinclair v. Jackson, 8 Cow. 543,—where it was said:
“The defective lease would be inoperative at law, and must yield to the legal title acquired by the purchaser. ® * * Nor was it legally available to the defendant * * * to show that the mortgage was taken subject to the lease, or that the sale was made with knowledge of the lease,' and subject thereto. For the evidence, * * * if admitted, would not confirm the lease, or render it valid; for, being absolutely void, it was incapable of confirmation at law.”
If the tenant had any right in equity which he could enforce, then, under his own theory of the powers of the district court, such equity power could not be entertained in those courts, in proceedings like these, and he should have resorted to an action in equity to restrain the landlord.
Due notice to quit having been given by the landlord to the tenant, he held over without right, and the final order dispossessing him was proper, and should be affirmed, with costs.