
    Jackson, ex dem. Livingston, against Niven.
    ALBANY,
    August, 1813.
    A. by written contract, sold a farm to I>. for which B. engaged to pay A. 500 pounds, in four annual payments, and 25 bushels oE wheat annually, during the lives of A. B. , &c. of all •which, indentures -mere to beenteredinto between the parties> &c. as soon as tbs money was paid, &e, B. entered into possession of the premises, and made various payments on his contract, and also 25 bushels of wheat received by A. as rent; no deed had been executed, by A. , B. not having completed his payments; in an action of ejectment by A. against 6., it was held that B. was entitled to notice to quit, being a tenant of A. and paying rent as such.
    THIS was an action of ejectment, tried at the Columbia circuit, in October, 1812, before Mr. Justice Van Ness.
    
    The defendant gave in evidence a contract under the hands and seals of the parties, and. under which he had entered on the premises, dated 4th May, 1808, by which the lessor of the plaintiff agreed “ that he had sold and did sell” to the defendant, a certain farm, describing it, being the premises in question, for the consideration of 500 pounds, to be paid to the plaintiff in four years; the first payment of 125 pounds, to be made on the 1st January, 1809, &c. with interest on the whole from the date, until paid, and to pay yearly 25 bushels of wheat, 4 hens, and 2 days’ riding with a waggon, &c. of all which indentures are to be entered into between the parties, (as soon as the above sums are paid,) containing such covenants and conditions, &c. which indentures and the survey the defendant was to pay for.
    The defendant produced several receipts, from the 9fh May, 1808, from the lessor to him, of various sums of money paid on this contract; and a receipt of the lessor, dated 18th April, 1803, 41 for 25 bushels of wheat on account of rent due.”
    A verdict was taken for the plaintiff, subject to the opinion of the court.
   Per Curiam.

The defendant, by the agreement, was to be entitled to a deed of the premises on the payment of certain moneys; but, in the mean time, he was put or continued in possession, and was to pay an annual rent, and the rent for one year at least, was paid and accepted. Whether the defendant would ever entitle himself to his deed was uncertain, but in the mean time he was a tenant, and paid rent as such, and was consequently entitled to notice to quit. The cases of Right v. Beard, (13 East, 209.) of Doe v. Watts, (7 Term Rep. 83.) and of Jackson v. Wilsey, (9 Johns. Rep. 267.) are much in point in favour of the right of the defendant to notice,

Judgment for the defendant.  