Ingraham v. Baldwin
New York Supreme Court
This was an action to recover real property, [ejectment,] and was commenced in April, 1849. The pleadings were framed under the code of that year.
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This was an action to recover real property, [ejectment,] and was commenced in April, 1849. The pleadings were framed under the code of that year. On the trial the plaintiffs gave in evidence a deed in fee from Samuel A. Gilbert, of the premises in question, to Sila Ingraham, wife of William S. Ingraham, (the plaintiffs,) dated 11th March, 1847, duly acknowledged and recorded; also a mortgage of the said premises, given by Bate-man Wells to Russell Wells, dated 1st July, 1818, to secure the payment of $156,30, in one year from date with interest. At the time the mortgage ivas given, the…
1Opinion of the Court
By the Court,
Willard, P. J.
If the complaint be true, the plaintiff William S- Ingraham was tenant by the curtesy initiate of the premises, and his wife Sila was the owner of the fee. Assuming the facts to be so, the defendant’s counsel moved for judgment for the defendant, on the ground that the husband and not the wife was entitled to the possession, and that, therefore, there was a misjoinder of parties.
I. The defendant was not entitled to the judgment for which he moved. (1.) If there was a misjoinder of plaintiffs the defendant should have demurred. (Code, § 144, sub. 4.) The objection is…
2Cases cited4 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Bank of Salina v. BabcockNew York Supreme Court · 1839
- Jackson ex dem. Mackay v. SlaterNew York Supreme Court · 1830
- Spellman v. WeiderNew York Supreme Court · 1850
3Cited by10 opinions
- Hackett v. BonnellWisconsin Supreme Court · 1863
- McDonald v. ChristieNew York Supreme Court · 1863
- Van Amringe v. BarnettThe Superior Court of New York City · 1861
- Warner v. BlakemanNew York Supreme Court · 1862
- Wagener v. HarriottCity of New York Municipal Court · 1887
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