Carpenter v. Stilwell
New York Supreme Court
Demurrer to- an amended complaint. This action was brought by Jacob Carpenter against Sylvavanus B. Stilwell. The amended complaint stated that since February 1, 1849, the plaintiff had been the owner, and was entitled to the possession of five houses and lots in Court street, Brooklyn;—that on March 16, 1849, while plaintiff was still owner and entitled to possession of this property, defendant entered upon it, and took possession, under a sheriff’s deed purporting to be…
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Demurrer to- an amended complaint. This action was brought by Jacob Carpenter against Sylvavanus B. Stilwell. The amended complaint stated that since February 1, 1849, the plaintiff had been the owner, and was entitled to the possession of five houses and lots in Court street, Brooklyn;—that on March 16, 1849, while plaintiff was still owner and entitled to possession of this property, defendant entered upon it, and took possession, under a sheriff’s deed purporting to be made upon sale of the premises upon execution against plaintiff;—that this deed was subsequently in an action between the…
1Opinion of the CourtBirdseye, J.
It is conceded that the present is not an action for use and occupation. Por no relation of landlord and tenant is alleged to have existed between plaintiff and defendant. Nor did the defendant hold by the permission of the plaintiff. Nor is it an action of trespass. For it is not averred that the plaintiff was ever in the possession of the premises; only that he was the owner, and entitled to "the possession of them. Nor is it averred that there was any wrongful entry or ouster by defendant. Nor is the action in the nature of suggestion under the statute for the mesne profits after a…
2Cases cited2 opinions
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Mayor of Baltimore v. WhiteCourt of Appeals of Maryland · 1845