[It appears that several of the Jones became in arrears for $96.13 for "the yearly rent of [so many] bushels of good clean merchantable winter wheat" to the Van Rensselaers. SLD] Thanks Stacy.
Washington General Term, May, 1848. Hurlbut, Willard, and Hand, Justices.
Van Rensselaer v. Jones. (May 2, 1848)
This was a motion, by the defendant, to set aside the report of a referee. The referee reported that the sum of $96,13 was due to the plaintiff, from the defendant. The facts in the case, and the grounds of the motion, are stated in the opinion of the court, and in the arguments of the counsel.
By the Court, Willard, J. The plaintiff, as devisee of his father, the late Stephen Van Rensselaer, who died in 1839, brought an action of covenant against the defendant, as assignee of the lessees of the said Stephen Van Rensselaer, to recover arrearages of rent which accrued since the death of the said Stephen. The leases, three in number, purported to be executed by the late Stephen Van Rensselaer,of the first part, and one of them by Benjamin Jones. Silas Jones, and Norman Jones of the second part; another by Abel Jones of the second part; and the third by Anna West of the second part. They all bore date in 1793, and were witnessed by two subscribing witnesses, Robert Dunbar, jr. and Thomas L. Witheck. They conveyed certain premises therein mentioned, situate in the county ofRensselaer, in perpetuity, to the respective lessees, "yielding and paying therefor, yearly and every year during the continuance of the grant, unto the said Stephen Van Rens selaer, his heirs and assigns, the yearly rent of [so many] bushels of good clean merchantable winter wheat, to be delivered at the now mansion house of the said Stephen Van Rensselaer, in the town of Watervliet, unless specially directed by the said Stephen Van Rensselaer, his heirs, executors, adninistrators or assigns, to be delivered at some other place. not more than one mile distant from the said mansion house, or the spot where it is now erected, in and upon the first day of January in each year." The number of acres of land and the quantity of wheat are expressed in each lease; and each Iease contains a covenant on the part of the lessee, his heirs, executors, administrators and assigns, to pay the said rent. Ths declaration contains two counts on each of said leases; the first count charging the defendant to be the assignee of the whole estate of the original lessee in one lease; and the second count charging him to be the assignee of a designated proportional part. The third and fourth counts are of a similar character, upon the second lease; and the fifth and sixth counts are of the like character upon the third lease.
The breach in the several counts is for the non-payment of the rent which fell due in wheat after the death of the said Stephen Van Rensselaer, and after the estate of the lessee became vested in the said defendant by assignment. The plea is first, non est factum as to the said original lessees, in all the said leases; and second, denying that all the estate of the lessees vested in the defendant by assignment; and to the counts charging that a proportional part of the estate, specifying it, vested in the defendant by assignment, the pleas in like manner deny it; also a plea of set off; on all which issues were taken.
"Some brief information on Silas, Abel, Norman, Benjamin JONES and Anna West." SP