Legal Opinion

Van Alstine v. McCarty

New York Supreme Court

Decided September 7, 1868PublishedCited by 2 opinions

THIS action was brought to recover damages for an unlawful entry upon, and use of certain premises claimed by the plaintiff, from about the year 1859 to the year 1866. The evidence showed title in the plaintiff, and occupancy of the premises by the defendant.

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THIS action was brought to recover damages for an unlawful entry upon, and use of certain premises claimed by the plaintiff, from about the year 1859 to the year 1866. The evidence showed title in the plaintiff, and occupancy of the premises by the defendant. The plaintiff, in August, -1865, brought ejectment against one Michael Brosnan, a tenant of the present defendant; Bros-nan gave notice of such suit to the present defendant; and on the 15th. of January, 1866, the plaintiff recovered a judgment in that action for the possession of the premises; and before the commencement of this action…

1Opinion of the Court

By the Court, E. Darwin Smith, P. J.

A dissiesee of land c'annot maintain an action against the dissiesor, or any one' acting under him, for an injury to the premises while he is out of possession, but after, a re-entry he can *333recover for any such injury and for the rents and profits. (9 John. 61. 12 id. 183. 6 Bacon's Ab. 566. Hotchkiss v. Auburn and, Rochester Railroad Company, 36 Barb. 613.) The plaintiff brought ejectment against Brosnan, a tenant of the defendant, and recovered. The tenant gave notice to the defendant of the commencement of the suit against him, as required by the statute…

2Cases cited4 opinions

  1. Green v. BiddleSupreme Court of the United States · 1823
  2. Morgan v. VarickNew York Supreme Court · 1832
  3. Stuyvesant v. TompkinsNew York Supreme Court · 1812
  4. Hotchkiss v. Auburn & Rochester Rail RoadNew York Supreme Court · 1862

3Cited by2 opinions

  1. Boardway v. ScottNew York Supreme Court · 1884
  2. Haley v. WheelerNew York Supreme Court · 1876

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