Boardway v. Scott
New York Supreme Court
Appeal from an order made at tbe Oswego Special Term setting aside and vacating a judgment entered Marcli 12, 1883, awarding to the plaintiff, as damages, twenty-two dollars and seventy-eight cents, and awarding costs to the defendant.
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Appeal from an order made at tbe Oswego Special Term setting aside and vacating a judgment entered Marcli 12, 1883, awarding to the plaintiff, as damages, twenty-two dollars and seventy-eight cents, and awarding costs to the defendant. The complaint contained two counts, in the first the plaintiff claimed to recover, as the assignee of one Henderson, who owned an undivided one-seventh of the premises, the rental value thereof from the defendant who had wrongfully entered into possession thereof; in the second, she set out the recovery of a judgment in an action of ejectment brought by…
1Opinion of the Court
Hardin, J.:
' Plaintiff brought this action to recover mesne profits, and in her complaint set out the necessary averments to support a recovery. Defendant put in answers which contained (1) a general denial, (2) an averment of ownership of the property described in the. complaint, (3) ownership in his grantors and conveyances from them, and that he and his grantors ever since 1858 had been tenants in common with plaintiff’s assignor; also set up “permanent improvements ” made in good faith, ■ “ while holding under color of title, adversely to plaintiff’s assignor,” in reduction of the damages…
2Cases cited6 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Holmes v. . DavisNew York Court of Appeals · 1859
- Kelly v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1880
- Thompson v. BowerNew York Supreme Court · 1871
- Sturgis v. . SpoffordNew York Court of Appeals · 1874
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