Clark v. Crego
New York Supreme Court
MOTION by the defendant for a new trial on a case and exceptions, ordered to be heard in the first instance at general term. The action was commenced in April, 1864, to recover possession of»a farm in Conesus, Livingston county. The plaifitiff in his complaint claims the undivided half of the farm, but' does not state what the nature of his interest is, or by what right he claims, or whether he claims a fee simple interest, or otherwise.
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MOTION by the defendant for a new trial on a case and exceptions, ordered to be heard in the first instance at general term. The action was commenced in April, 1864, to recover possession of»a farm in Conesus, Livingston county. The plaifitiff in his complaint claims the undivided half of the farm, but' does not state what the nature of his interest is, or by what right he claims, or whether he claims a fee simple interest, or otherwise. The answer was : 1st. A general denial. 2d. That on and before June, 1840, one Samuel Joties Scott owned and possessed the farm in question, and in that…
1Opinion of the Court
By the Court, Johnson, J.
If the complaint was defective, as now suggested by the defendant’s counsel, it should have been demurred to. It may be that the complaint would have been held defective on demurrer, in not stating the nature and quality of the estate claimed by the plaintiff. But it does not follow, because it is defective in some particulars, that no cause of action is made out by the facts stated. Issue was taken upon the facts' alleged in the complaint by the answer, and new matters set up by way of defense, and there has been a full trial upon the merits.
The first deed introduced…
2Cases cited1 opinion
- Livingston v. . TannerNew York Court of Appeals · 1856
3Cited by10 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Culver v. . RhodesNew York Court of Appeals · 1882
- Johnson v. CrookshanksOregon Supreme Court · 1891
- Highstone v. BurdetteMichigan Supreme Court · 1884
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