Carleton v. . Darcy
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of Hew York, in favor of plaintiff, entered upon an order made December 6, 1880, which directed judgment on a verdict.
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Appeal from judgment of the Superior Court of the city of Hew York, in favor of plaintiff, entered upon an order made December 6, 1880, which directed judgment on a verdict. (Reported below, 14 J. & S. 484.) This action was ejectment, originally brought by the plaintiff against the defendant Darcy, to recover possession of a lot of .land in the twelfth ward of the city of Hew York, on the north side of One Hundred and Twentieth street, twenty by one hundred feet, the easterly side of the lot being one hundred feet west from Third avenue. Darcy claimed to be lessee of the city, and the…
1Opinion of the Court
Andrews, Ch. J.
The defendants were entitled to judgment upon the facts found by the General Term. The plaint iff, Oarleton, having been in possession of the premises at the time of his dispossession by Darcy in June, 1876, established prima,facie, his right to recover. It is well settled that a prior possession is sufficient to entitle a party to recover in an action of ejectment against a mere intruder or wrong-doer, or a person subsequently entering without lawful right, and when such prior possession is shown by the plaintiff, the defendant is put to his defense, and must establish a…
2Cases cited1 opinion
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
3Cited by3 opinions
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Mayor, Etc., of New York v. . CarletonNew York Court of Appeals · 1889
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900