Budd v. Bingham
New York Supreme Court
This was an appeal, by the plaintiff, from an order made at a special term, refusing a new trial. The plaintiff, in his complaint, claimed to recover the possession of real estate from which he was ousted by the defendant. He also claimed damages for a tortious entry upon the same premises, at the same time.
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This was an appeal, by the plaintiff, from an order made at a special term, refusing a new trial. The plaintiff, in his complaint, claimed to recover the possession of real estate from which he was ousted by the defendant. He also claimed damages for a tortious entry upon the same premises, at the same time. It was alleged that the premises were situated in the town of Southeast in the county of Putnam, and bounded as follows: “ Northwardly, by lands of said plaintiff; eastwardly, by lands of said plaintiff; southwardly, by lands of said defendant; and westwardly, by lands of said plaintiff.”…
1Opinion of the Court
By the Court, Brown, J.
1. The plaintiff in his complaint claims to recover the possession of certain lands in the town of Southeast, Putnam county. He says he was in possession and the owner, thereof, in fee, on the first of April 1851, at which time he was ejected therefrom by the defendant, who still continues in the possession thereof. The complaint then proceeds, in what the pleader may or may not have intended as another count, and charges that “ the defendant, on or about the same day, and on diverse other days, broke and entered upon said premises and dug up the soil, built walls, and…
2Cited by11 opinions
- Postlewaite v. WiseWest Virginia Supreme Court · 1880
- Cowenhoven v. City of BrooklynNew York Supreme Court · 1862
- Tagliaferri v. GrandeNew Mexico Supreme Court · 1911
- Hotchkiss v. Auburn & Rochester Rail RoadNew York Supreme Court · 1862
- Olendorf v. CookNew York Supreme Court · 1869
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