Cagger v. . Lansing
New York Court of Appeals
Appeal from judgment of the General Term affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action of ejectment to recover possession of certain lands in Rensselaer county. The answer was the general issue.
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Appeal from judgment of the General Term affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action of ejectment to recover possession of certain lands in Rensselaer county. The answer was the general issue. Plaintiff put in evidence a judgment roll in an action in the Supreme Court to recover possession of. the same premises wherein William P. Yan Rensselaer was a plaintiff, and the defendant herein defendant, the complaint in which alleged in substance that Stephen Yan Rensselaer (plaintiff’s testator), then the owner of the premises, and Peter W. Witbeck, in…
1Opinion of the CourtFolger, J.
The judgment recovered by the plaintiffs was, as entered, for the recovery of the possession of the lands and premises described in the complaint, for damages for the withholding of the same, and for costs.
The defendant appeals therefrom, and to succeed in his appeal, he must show that the judgment is not warranted by the facts appearing on the trial, or that there was some error in bringing them before the jury, or in the direction to the jury upon them.
So far as the judgment is for a recovery of the possession of the premises, it is sustained by the, facts. The judgment roll in the former…
2Cases cited6 opinions
- Holmes v. SeelyNew York Supreme Court · 1837
- Larned v. . HudsonNew York Court of Appeals · 1874
- People v. W. P. HaskinsNew York Supreme Court · 1831
- Sheridan v. . AndrewsNew York Court of Appeals · 1872
- May v. HansonCalifornia Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Hahl v. . SugoNew York Court of Appeals · 1901
- Williams v. . GuileNew York Court of Appeals · 1889
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Hitchcock v. PrattMichigan Supreme Court · 1883
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