Fosgate v. Herkimer Manufacturing & Hydraulic Co.
New York Court of Appeals
Action commenced in the supreme court in March, 1849, against The Herkimer Manufacturing and Hydraulic Company, which was a corporation, and three individuals named Pierce, Webber and Cristman, to recover possession of a small parcel of land, with a dwelling-house thereon, situate in the village of Herkimer. The complaint alleges that the plaintiffs own the premises in fee as heirs at law of Bela Fosgate, deceased..
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Action commenced in the supreme court in March, 1849, against The Herkimer Manufacturing and Hydraulic Company, which was a corporation, and three individuals named Pierce, Webber and Cristman, to recover possession of a small parcel of land, with a dwelling-house thereon, situate in the village of Herkimer. The complaint alleges that the plaintiffs own the premises in fee as heirs at law of Bela Fosgate, deceased.. It further states, “that the defendant, the hydraulic company, unjustly claims that it is the owner of the premises, and that the defendants, Pierce, Webber and Cristman, are now…
1Opinion of the CourtCrippen, J.
An objection was raised by the defendants, to wit, that they occupied distinct parcels of the premises claimed in severalty, and that the court erred in refusing to require the plaintiffs to elect against which of the defendants they would proceed.
It is distinctly alleged in the complaint that the Herkimer Manufacturing and Hydraulic Company set up and pretend *583to have a legal title to the premises, and that the other defendants are tenants in possession of the same or some part thereof under the company. The defendants do not deny, by their answer, that they hold possession of the premises as…
2Cited by1 opinion
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