Swigley v. Jones

1 N.Y. City Ct. Rep. 127

• Court: New York Marine Court
• Decided: October 23, 1878
• Status: Published

Opinion

Chattels, such as farmiug implements and furniture, may be demised. So may a flock of sheep or other live animals (1 Platt on Leases, 26). These incorporeal hereditaments are but incidents when included in a grant of the realty.

At common law, a landlord might distrain for rent in arrear, but only on a demise of corporeal hereditaments (Archibald on Landlord and Tenant, marg. 106), but the landlord nevertheless might distrain for the rent of ready furnished lodgings (Newman v. Anderton, 2 Bosanquet & Puller's New Rep. 224), for the rent was holden to issue out of the realty alone. Chief Justice Mahsfibld, in the above case, said, “It must occur constantly that the value of demised premises is increased by the goods upon the premises, and yet the rent reserved still continues to issue out of , the house or land, and not out of the goods; for rent caunot issue out of goods.”