Guernsey v. Powers
New York Supreme Court
Appeal from an order made at Special Term appointing a receiver. In January, 1876, the plaintiff brought this action to recover the possession of real property, consisting of a dwelling-house and lot' in Norwich, New York. The defendant Deloss M. Powers is in possession under a contract of purchase from the plaintiff. The defendant Mead is a tenant to whom Powers let a portion of the premises.
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Appeal from an order made at Special Term appointing a receiver. In January, 1876, the plaintiff brought this action to recover the possession of real property, consisting of a dwelling-house and lot' in Norwich, New York. The defendant Deloss M. Powers is in possession under a contract of purchase from the plaintiff. The defendant Mead is a tenant to whom Powers let a portion of the premises. Upon motion by the plaintiff a receiver was appointed to receive the property described in the .complaint, on the ground that it was necessary for the preservation thereof, the affidavits of the…
1Per curiam
Section 455 of the Code declaring that the general provisions of the Revised Statutes relating to actions concerning- real property should apply to actions brought under the Code, would seem to indicate that no material change in the rights of parties to such actions was contemplated by the new practice.
*79By those provisions waste might be stayed by order pending the action (2 R. S. [6th ed.], m. p., 336, § 13), and after judgment the rents and profits might be recovered. (2 R. S., 310, § 36.) The plaintiff in this actiop does not claim that a receiver could have been appointed under the old…
2Cases cited1 opinion
- Thompson v. SherrardNew York Supreme Court · 1861