Walter v. Lockwood
New York Supreme Court
THIS was an action brought to recover the possession of certain real estate. The action was tried before a referee, who dismissed the complaint and rendered judgment against the plaintiff for costs, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The following is a copy of the complaint.
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THIS was an action brought to recover the possession of certain real estate. The action was tried before a referee, who dismissed the complaint and rendered judgment against the plaintiff for costs, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The following is a copy of the complaint. “ The complaint of the above named John Walter, plaintiff, respectfully shows this court that he has lawful title as the owner in fee simple to the following described real estate, situate in the village of Watkins, county of Schuyler, and state of New York,…
1Opinion of the CourtMason, J.
When actions had names, this would have been known as an action of ejectment. The" cause was tried before a referee, who nonsuited the plaintiff, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The complaint states that the plaintiff has lawful title as the owner in fee simple to the following described real estate in the village of Watkins, county of Schuyler, and state of Hew York, and then gives the boundaries and description. The complaint then states that the defendant is in possession of the said real estate, and unlawfully withholds the…
2Cases cited1 opinion
- Lawrence v. WrightThe Superior Court of New York City · 1853
3Cited by14 opinions
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