Wilde v. Cantillon
New York Supreme Court
This was an action of trespass quare clausum fregit,- &c. turning the plaintiff out of possession, and reaping and carrying away a crop of wheat, and other injuries. Plea, the general issue. The cause was tried before Mr. Justice Lewis, at the last September circuit, in the county of Ulster.
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This was an action of trespass quare clausum fregit,- &c. turning the plaintiff out of possession, and reaping and carrying away a crop of wheat, and other injuries. Plea, the general issue. The cause was tried before Mr. Justice Lewis, at the last September circuit, in the county of Ulster. It appeared in evidence that on the 13th May, 1797, eight persons entered the house occupied by the plaintiff, in the town of New Paltzi in said county, who tore down a part of it, turned him out of possession, and carried his effects into the public highway,, and put one Samuel Buchanan into possession…
1Opinion of the Court
Lansing, Ch. J.
delivered the opinion of the court. The first objection in our opinion is decisive. After the expiration ■ of the term, the plaintiff became a tenant at sufferance to the defendant, and his attornment to a stranger was void by the. statute. The manner in which he was dispossessed was violent, and ought not to be countenanced; but he cannot have a remedy in this action. A mere tenant at sufferance cannot maintain tresspass against hjs landlord; (5 Bac. 162,) as against him he- has no legal right of possession, on which to found this action. The plaintiff’s title to recover is,.…
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