Lawrence v. Wright
The Superior Court of New York City
This was an action to recover the possession of certain lots bf land, in the city of New York. The complaint averred, that the lots which it described, ‘were, on or about the 15th of January, 1853, conveyed by Francis Price to the plaintiff, by a warranty deed.
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This was an action to recover the possession of certain lots bf land, in the city of New York. The complaint averred, that the lots which it described, ‘were, on or about the 15th of January, 1853, conveyed by Francis Price to the plaintiff, by a warranty deed. That by virtue of this conveyance, the plaintiff was seized of the premises, had a lawful title thereto; and was entitled to the possession thereof, and that the defendant was in the possession, and unlawfully withheld the same from the plaintiff, and upon these grounds demanded judgment. The defendant demurred; and assigned the…
1Opinion of the CourtDuer, J.
It is very clear that this demurrer must be allowed. All the facts which the complaint avers, may be true, and yet the plaintiff not have the shadow of a right to the *674judgment which he demands. ' The only facts set forth in the complaint are, that on a certain day, one Price, by a warranty deed, conveyed the lots described to the" plaintiff, that the defendant is in the possession of the lots so conveyed, and withholds their possession from, the plaintiff. It is, however, quite certain that if, upon the trial of the action, these facts, and these alone, were proved on the part of the…
2Cited by11 opinions
- Walter v. LockwoodNew York Supreme Court · 1856
- St. John v. NorthrupNew York Supreme Court · 1856
- Drake v. CockroftNew York Court of Common Pleas · 1855
- Ensign v. ShermanNew York Supreme Court · 1856
- Potter v. KitchenThe Superior Court of New York City · 1859
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