Ives v. Ives
New York Supreme Court
THIS was an action of trespass, guare clausum fregit, for breaking atjd entering the dwelling house of the plaintiff, and tearing out the doors and windows, and pulling down the oven and chimney, of the house. The defendant pleaded, 1. Not guilty. 2 Liberum tenementum. 3. That the defendant committed the supposed trespass by the license of the plaintiff.
Read the full summary
THIS was an action of trespass, guare clausum fregit, for breaking atjd entering the dwelling house of the plaintiff, and tearing out the doors and windows, and pulling down the oven and chimney, of the house. The defendant pleaded, 1. Not guilty. 2 Liberum tenementum. 3. That the defendant committed the supposed trespass by the license of the plaintiff. To the second plea, the plaintiff replied, that, by a certain agreement, in writing, the defendant bargained and sold the premises to the plaintiff, and thereby agreed to give him a good and lawful deed of the same j by virtue of which…
1Per curiam
According to the decision,s.in Jackson, ex dem. Ludlow, v. Myers, (3Johns. Rep, 388.,) and Jackson, ex dem. Green, v. Clark, (3 Johns. Rep. 424.,) the agreement, set forth in the plaintiff’s replication, although'containing, words of bargain and sale, in prmenti, impqrts, in law, nothing moré than an agreement to convey, as- an executory contract, and does not,, ipso facto, transfer,-th? title.'
By. the ■ decisions in Suffern v. Townsend, (9 Johns. Rep. 35.,) and Cooper v. Stower, (9 Johns. Rep. 331.,) a contract to sell does hot, in itself, contain , a license to enter; or, at most, it gives…
2Cases cited1 opinion
- Wilde v. CantillonNew York Supreme Court · 1799
3Cited by11 opinions
- Smith v. Detroit Loan & Building Ass'nMichigan Supreme Court · 1887
- Stearns v. SampsonSupreme Judicial Court of Maine · 1871
- Elliott v. PowellSupreme Court of Pennsylvania · 1840
- Gower v. WatersSupreme Judicial Court of Maine · 1926
- Harris v. GillinghamSuperior Court of New Hampshire · 1832
6 more not listed; retrieve them via the Exa API.