Graves v. Joice
New York Supreme Court
Trespass for mesne profits ; tried at the Schoharie circuit, Oct. 26th, 1824, before Duer, C. Judge. On the trial, the plaintiffs produced the exemplification of a record of a judgment of nonsuit, for not confessing lease, entry and ouster, in an action of ejectment, for land in Bienhelm, Schoharie county, in which they were named as lessors, against the defendant.
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Trespass for mesne profits ; tried at the Schoharie circuit, Oct. 26th, 1824, before Duer, C. Judge. On the trial, the plaintiffs produced the exemplification of a record of a judgment of nonsuit, for not confessing lease, entry and ouster, in an action of ejectment, for land in Bienhelm, Schoharie county, in which they were named as lessors, against the defendant. The declaration stated the day of ouster to have been on the 3d May, 1821, and described the premises in the usual general form; and the judgment, which was general, for the plaintiff’s term yet to come in the whole premises, was…
1Opinion of the CourtPer Woodworth, J.
The defendant being in possession of the M’Kinney farm, entered into the consent rule generally; and there being nothing to narrow this in the *264course of the ejectment, the plaintiff recovered to whole. If there is nothing to the contrary in the proceedings in the original action, the consent rule being general, the plaintiff recovers all the land of which the defendant is possessed; and he can recover nothing beyond the possession. It would certainly be violating all precedent to allow of this defence. It was a defence which peculiarly belonged to the action of ejectment. This matter should…
2Cases cited2 opinions
- Jackson v. RandallNew York Supreme Court · 1814
- Rose v. OliverNew York Supreme Court · 1807
3Cited by2 opinions
- Jackson v. CombsNew York Supreme Court · 1827
- Gilbert v. Black, Pennsylvania Court of Common Pleas, Bucks County1873