7 Cow. 323 | N.Y. Sup. Ct. | 1827
In the view I have taken of this cause, it is not necessary to discuss a number of questions raised on the argument. I am of opinion that the plaintiff is barred by reason of a valid adverse posses- . . J -f sion m the defendants. It appears that Arnaut Webber, from whom the lessors of the plaintiff deduced title, as his heirs at law, on the 1st of May, 1686, conveyed to Lawrens Colvelt all the right, title and interest which he had by virtue of a transfer from Abraham Lambertson Mole, to a ? parcel of land in the city of New York, including the pre
"On these facts, was it competent for' the defendants to set-up an adverse possession to bar the right of the plaintiff? It is contended by "the plaintiff, that the entry of - tenant for life and his grantee, cannot form the basis of an adverse title, or adverse possession.
The law- seems-to-be -well settled, that-when the relation of landlord and tenant is- established, it attaches to all who may succeed to the posseesion, through or under the tenant, either immediately or remotely. This was so held in Jackson v. Davis, (5 Cowen, 129.) The doctrine -is supported in numerous cases. (2 T. R. 53. 1 id. 760, note. 1
Where a tenancy exists, a purchaser who enters under an absolute conveyance in fee, from the tenant, is eonsi'dered as entering as the tenant of the lessor; although he may not have known that his grantor held or derived his possession from the lessor. (5 Cowen, 130.) Can this be called a tenancy of that description? I have already observed, that the conveyance of Arnaut Webber to Colvelt was intended as a grant in fee. It is not so, merely by the omission of certain technical words, held necessary to constitute that estate. Ho lease of the premises was intended. Ho rents are reserved, no services to be rendered, or stipulations to be performed by the grantee. When speaking of the relation of landlord and tenant, what is understood? *Woodfall, in his treatise, (chap. 1, sec. 1,) has accurately defined the nature of this relation. He says, “ a lease is a contract for the possession and profits of lands and tenements, on the one side, and a recompense of rent, or other income on the other; or it is a conveyance to a person for life, or years, or at will, in consideration of a return of rent or other recompense. The person letting the land, is called the landlord; and the party to whom the lease is made, the tenant.” (2 Bacon, 558.) In 2 Blacktone’s Com. 120, the author observes, that “ estates for life expressly created by deed or grant, (which alone are properly conventional,) are, where a lease is made to a man, to hold for the term of his own life, or that of any other person ; in any of which cases he is styled tenant for life. They are held by such conventional rents and services, as the lord or lessor, and his tenant or lessee have agreed on.” He further observes, thatestates for life maybe created, not only by the expressions before mentioned, but also by a general grant without defining or limiting any specific estate, as if one grants to A. B. the manor of Dale. This makes him tenant for life.” The grant here, if for
When the life estate ended, rests on presumption. The . utmost period of the ordinary existence of man, may be allowed for its continuance. After that, there will remain more than half a century, during which the defendants, and
New trial denied.
See Waterman’s Am. Ch. Dig. tit. Landlord and Tenant; N. Y. Dig. tit. Landlord and Tenant.