Legal Opinion

Sims v. Humphrey

New York Supreme Court

Decided January 15, 1847PublishedCited by 17 opinions

Landlord and tenant. This was a summary proceeding to recover the possession of land, instituted by Humphrey against Alternas L. and Joseph Sims, before a judge of Madison county, on the 23d of May, 1844. Humphrey, in his affidavit, stated that Artemas L. Sims, on the 1st of August, 1843, for the consideration of $2100, executed to him, Humphrey, a deed (bargain and sale) in fee of the premises in question, which deed was set out at large in the affidavit.

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Landlord and tenant. This was a summary proceeding to recover the possession of land, instituted by Humphrey against Alternas L. and Joseph Sims, before a judge of Madison county, on the 23d of May, 1844. Humphrey, in his affidavit, stated that Artemas L. Sims, on the 1st of August, 1843, for the consideration of $2100, executed to him, Humphrey, a deed (bargain and sale) in fee of the premises in question, which deed was set out at large in the affidavit. After describing the property, situate in the village of Cazenovia, Madison county, the deed contained these words—“ possession of the…

1Opinion of the Court

By the Court, Bronson, Ch. J.

The summons should have been directed to Joseph, as well as Artemas L. Sims, by name. (Hill v. Stocking, 6 Hill, 314.) But the affidavits which were presented to the judge showed that Joseph, as well as Alternas, was in possession, and that a month’s notice had been given him to remove. He was summoned, and appeared before the judge; and was heard upon the merits. This was. perhaps, enough to give the judge jurisdiction over the person, if he had jurisdiction of the subject matter. Joseph did not object to the sufficiency of the summons; but only to the…

2Cases cited4 opinions

  1. Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
  2. Roach v. CosineNew York Supreme Court · 1832
  3. Evertson v. SuttonNew York Supreme Court · 1830
  4. Hunt v. ComstockNew York Supreme Court · 1836

3Cited by17 opinions

  1. Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
  2. Fults v. . MunroNew York Court of Appeals · 1911
  3. The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
  4. Bennett v. RobinsonMichigan Supreme Court · 1873
  5. People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863

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