Jackson ex dem. Walker v. Flint
New York Supreme Court
It was moved in this cause, that Alonzo Flint be admitted defendant, with his brother, A. W. Flint, the now defendant. and an affidavit of A. Flint was read, stating that this action was commenced against one Fowler, who was the tenant of A. W. Flint, who was, with the plaintiff’s consent, substituted as defendant instead of Fowler.
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It was moved in this cause, that Alonzo Flint be admitted defendant, with his brother, A. W. Flint, the now defendant. and an affidavit of A. Flint was read, stating that this action was commenced against one Fowler, who was the tenant of A. W. Flint, who was, with the plaintiff’s consent, substituted as defendant instead of Fowler. That when Fowler entered under A. W. Flint, A. Flint was a minor, but is now of age, and claims an interest as tenant in common, with the defendant, A. W. Flint, both being heirs of E. Flint, their late father, with whose widow, the mother of the defendant and the…
1Opinion of the Court
Curia.
The title set up by Alonzo Flint, and upon which he applies to be made co-defendant, is in plain hostility to that under which the defendant claims. The latter is a purchaser of Packard, who purchased of Henry and gave a mortgage, as assignee of which the lessor claims. The object of Alonzo is to defeat the title acquired under Packard. There is nothing like the relation of landlord and tenant between Alonzo and Fowler, or Alonzo and Adolphus.
Motion denied.
2Cited by5 opinions
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