Stevens v. Webb
New York Court of Common Pleas
Appeal from an order of this court granting a motion for a bill of particulars. The action was ejectment, brought to recover possession of certain real estate situated in the City of New York, and formerly held and conveyed by the mayor, aldermen and commonalty of New York.
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Appeal from an order of this court granting a motion for a bill of particulars. The action was ejectment, brought to recover possession of certain real estate situated in the City of New York, and formerly held and conveyed by the mayor, aldermen and commonalty of New York. In his answer the defendant alleged, as a separate defense, that “more than twenty years and more than forty years prior to the commencement of this action, the boundary or division lines between the lands of the plaintiffs’ ancestors and predecessors in title and the lands of this defendant’s remote grantors, the mayor,…
1Opinion of the Court
Charles P. Daly, Chief Justice.
There is no doubt as to the power of the judge at Special Term to make such an order as the one appealed from (Dwight v. Germania Life Ins. Co., 84 N. Y. 493; Orvis v. Dana, 1 Abb. N. C. 268; Tilton v. Beecher, 59 N. Y. 176). In fact it has been spe*91cifically held in actions of ejectment, that a bill of particulars of the claim of the plaintiff or of the defendant, in respect to the land, may be ordered (Doe. d. Webb v. Hull, and Doe d. Saunders v. Duke of Newcastle, 7 T. R. 332 note A).
The only question, therefore, on the appeal, is whether, upon the facts…
2Cases cited5 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Bowman v. EarleThe Superior Court of New York City · 1854
- Orvis v. DanaNew York Court of Common Pleas · 1876
- Willis v. BaileyNew York Supreme Court · 1822
3Cited by3 opinions
- Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Drake v. DrakeNew York Supreme Court · 1900
- Lester v. ClarkeAppellate Terms of the Supreme Court of New York · 1903