Crary v. Goodman
New York Court of Appeals
Action to recover possession of a parcel of land situate in Cattaraugus county, commenced in December, 1848. The cause was tried in January, 1850, before Mr. Justice Hoyt. The plaintiff proved that he had the legal title to the premises in controversy.
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Action to recover possession of a parcel of land situate in Cattaraugus county, commenced in December, 1848. The cause was tried in January, 1850, before Mr. Justice Hoyt. The plaintiff proved that he had the legal title to the premises in controversy. The defendant proved that lie occupied the premises as tenant under one Huntley, and that they were adjacent to other lands owned by the latter; and he alleged in his answer, and offered to prove upon the trial, facts tending to show that the land in dispute was included in the purchase, by Huntley, of the adjacent premises from the plaintiff’s…
1Opinion of the CourtJohnson, J.
The principal ground on which this case was disposed of at the trial was, that in an action to recover real property brought under the Code of 1848, when the plaintiff’s claim is founded upon a legal title, the defendant cannot avail himself of an equitable right to defeat that title by way of defence in the suit. This, likewise, was the single ground upon which the judgment at the trial was affirmed at general term. (9 Barb., 657.) Although much difference of opinion has existed in the different courts of this state in regard to the effect of the Code of Procedure in this particular, the…
2Cases cited1 opinion
- Crary v. GoodmanNew York Supreme Court · 1851
3Cited by2 opinions
- Halloran v. FischerSupreme Court of Connecticut · 1939
- Corkhill v. LandersNew York Supreme Court · 1865