Himmelman v. Henry

The judgment appealed from in this case was affirmed by Department Two, upon the grounds stated in the following opinion:—

“ This is an action of ejectment. The answers, in addition to general denials, set up certain alleged special defenses. The court, trying the case without a jury, found that the plaintiff was the owner, and seised in fee and entitled to the possession, of the premises in suit, and that defendants ousted plaintiff therefrom, and wrongfully and unlawfully withhold possession thereof, but there is no finding as to the alleged special defenses. *105Judgment went for plaintiff, and…