Jackson v. M'Evoy
New York Supreme Court
Woods applied to vacate the judgment entered against the casual ejector, and to admit Henry Masterton to be made defendant, on such terms as the court might be pleased to order.
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Woods applied to vacate the judgment entered against the casual ejector, and to admit Henry Masterton to be made defendant, on such terms as the court might be pleased to order. The affidavit of Masterton set forth that the suit was instituted to recover possession of forty-five acres of land in the county of West Chester, to which he claimed title, and has a real and substantial defence to malee; that, on the 26th day of July last, the deponent discovered in the book of common rules of this court, that a rule for judgment against the casual ejector has been entered in the above cause, on the…
1Opinion of the CourtRadcliff, J.
There does not appear to be any relation between Masterton and the tenant.
2Per curiam
The party can take nothing by his motion.
Motion denied.(a)
Lewis, Ch. J., absent.
The claim of the landlord to defend, is thought to be by statute. 1 Rev. Laws, 145, s. 30. Lord Holt says it is of right, Fenwick's Case, 1 Salk. 257, but though before the statute a landlord might have been let in to defend, the second provision of the section seems new. It has been determined that neither a devisee, where the ejectment is by the heir, nor a mortgagee, who has never received rent, Bull N. P. 95, nor a cestui que trust; who…
3Cases cited2 opinions
- Jackson ex dem. Walker v. FlintNew York Supreme Court · 1824
- Stiles v. Jackson, ex dem. Ten EyckNew York Supreme Court · 1828