Allen v. Brown
New York Supreme Court
This action was brought by Miranda 1. Allen against O. C. Underwood, and H. W. Brown, the sheriff of Otsego county, for the purpose of obtaining a perpetual injunction restraining the defendants from interfering with her possession of certain land in Otsego county, and to prevent the execution of a writ of assistance in a judgment of foreclosure. The cause was tried before Hon. Wm.
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This action was brought by Miranda 1. Allen against O. C. Underwood, and H. W. Brown, the sheriff of Otsego county, for the purpose of obtaining a perpetual injunction restraining the defendants from interfering with her possession of certain land in Otsego county, and to prevent the execution of a writ of assistance in a judgment of foreclosure. The cause was tried before Hon. Wm. Murray, one of the justice! of the Supreme Court, without a jury, at the Otsego Circuit Court, held in April, 1870. The pleadings show that the lands were originally held under a lease which was proven for the…
1Opinion of the Court
By the Court
Miller, P. J.
The claim of the plaintiff in this action is based upon the ground that James J. Allen, the tenant in possession, had, in violation of the terms and conditions of the lease under which he held and occupied the premises, committed waste upon the same, by reason whereof the said lease became forfeited, and the representative of the lessor entitled to the possession of the same ; and that after such waste was committed, the premises were surrendered by said Allen to said representative, who took possession and leased the same to the plaintiff, who also took possession of…
2Cases cited4 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Jackson ex dem. Stansbury v. FarmerNew York Supreme Court · 1832
- Jackson ex dem. Beekman v. HavilandNew York Supreme Court · 1816
- Jackson ex dem. Myers v. ElsworthNew York Supreme Court · 1822
3Cited by4 opinions
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- Ritzler v. RaetherNew York Court of Common Pleas · 1881
- Jacob Hoffmann Brewing Co. v. WuttgeAppellate Division of the Supreme Court of the State of New York · 1922
- Bradt v. ChurchNew York Supreme Court · 1886