Mosely v. Mosely
New York Supreme Court
Petition for leave to file a supplemental complaint to continue the action against the heirs at law of the defendant. This was an action in the nature of ejectment, commenced in 1848. A verdict and judgment was rendered in favor of the defendant, which was affirmed at general term. The Court of Appeals granted a new trial; but while the appeal was pending in that court, the defendant died, leaving children.
1Opinion of the CourtParker, J.
This is an application by the plaintiff to continue the action by supplemental complaint against the heirs of Aaron Mosely, the original defendant, who died more than a year prior to the application.
The action is set forth in the petition, on which alone the application is founded, the complaint not being before the court. It was brought by the plaintiff in 1848, “ to recover in his own right in fee the possession” of fifty acres of land therein described; and is what would have been, under the old nomenclature, an action of ejectment.
The Code (§ 121) provides that “ no action shall abate by…
2Cases cited3 opinions
- Webbers' Executors v. UnderhillNew York Supreme Court · 1838
- Putnam v. Van BurenNew York Supreme Court · 1852
- Moseley v. Albany Northern RailroadNew York Supreme Court · 1856