New York Court of Appeals January 19, 1886 (Martin v. . Rector)

Danfobth, J.

That the plaintiff was the gran-tee of the original lessor, that rent was due from the lessee, and unpaid, and that the demise contained a condition for re-entry upon the land in question for non-payment of rent was conceded, but the land was occupied and no recovery could be had unless the defendant was at the beginning of the action the actual occupant of the premises. (2 R. S.