Bennett v. Gray
New York Supreme Court
Appeal from circuit court, Delaware county. Action by Clark S. Bennett against Nelson Gray. From a judgment of nonsuit, and an order denying a motion for new trial, plaintiff appeals. The action was to recover possession of certain premises described in the complaint, situated in the town of Delhi, Delaware county.
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Appeal from circuit court, Delaware county. Action by Clark S. Bennett against Nelson Gray. From a judgment of nonsuit, and an order denying a motion for new trial, plaintiff appeals. The action was to recover possession of certain premises described in the complaint, situated in the town of Delhi, Delaware county. The complaint contained the usual allegation found in actions of ejectment, to wit, “that the defendant is wrongfully in the possession thereof, and wrongfully withholds the same from this plaintiif.” The answer contained a general denial, and an averment that the defendant is in…
1Opinion of the CourtHardin, P. J.
Inasmuch as both parties found their respective positions upon the several transactions they have had with Calvin H. Bell, it was assumed at the trial that on the 31st day of May, 1888, Bell had legal title to the premises described in .the complaint. Prior thereto the plaintiff had entered into a contract on the 21st day of April, 1888, for the purchase of certain premises described in that contract, and in that contract was found the following stipulation:
“It is mutually agreed between said parties that said party of the second part shall have possession of said premises on this date, and…
2Cases cited4 opinions
- Hailey v. . AnoNew York Court of Appeals · 1893
- Moore v. SpellmanNew York Supreme Court · 1848
- Peck v. NewtonNew York Supreme Court · 1862
- Townshend v. FrommerThe Superior Court of the City of New York and Buffalo · 1889
3Cited by4 opinions
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- Kelsey v. McTigueAppellate Division of the Supreme Court of the State of New York · 1916
- Cipperly v. LinkNew York Supreme Court · 1929
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916