Rensselaer v. Barringer

Citations

• 39 N.Y. 9

Syllabus

<p>That the defendant held the fee by a tenure immediately of the State, as all our lands are held, was not inconsistent with his holding of Van Rensselaer under the conveyance in question.</p> <p>Where, before the commencement of the action, the plaintiff had made an executory contract of sale of the rents and cause of action for a price to be thereafter paid, reserving to himself the power to revoke the contract upon failure of the purchaser to pay as provided, but authorizing the purchaser in the mean time, and until such revocation, to collect and have the rents, held, that the plaintiff was the real party in interest within the meaning of section 111 of the Code; and that an absolute consummation of the sale made hy deed after the commencement of the action, did not relate hack to, and take effect from the time of the contract, so as to affect the plaintiff’s right to recover.</p>