Rowan v. Kelsey
New York Supreme Court
This was an appeal by the plaintiff from a judgment entered •■against him at the circuit. The action was brought to recover possession of certain premises situated in the sixth ward of Brooklyn, and described as follows : all that certain room on the first floor and southerly end of the building, situate on the corner of Columbia and Sedgwick streets, in the sixth ward of the city of Brooklyn, being eighty feet on Columbia street and fifty feet on Sedgwick street, together…
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This was an appeal by the plaintiff from a judgment entered •■against him at the circuit. The action was brought to recover possession of certain premises situated in the sixth ward of Brooklyn, and described as follows : all that certain room on the first floor and southerly end of the building, situate on the corner of Columbia and Sedgwick streets, in the sixth ward of the city of Brooklyn, being eighty feet on Columbia street and fifty feet on Sedgwick street, together with the cellar under the same, of the same dimensions, and also the grounds in the rear of the same, fifty feet on…
1Opinion of the Court
By the Court, Brown, P. J.
Under the lease set out in the complaint, the plaintiff had a right of entry upon the demised premises and to hold and enjoy the same for the residue of the term granted, unless the premises had been so changed and altered, under the judgment and order of the city court of Brooklyn, that they could no longer be identified, and possession thereof could not be delivered by the sheriff
*488The action of ejectment will lie whenever a right of entry exists, and the interest is of such a character that it can be held and enjoyed, and possession thereof delivered in execution of…
2Cases cited1 opinion
- Jackson ex dem. Loux v. BuelNew York Supreme Court · 1812
3Cited by11 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
- Murphy v. BolgerSupreme Court of Vermont · 1888
- Chism v. SmithAppellate Division of the Supreme Court of the State of New York · 1910
- Chism v. LambNew York Supreme Court · 1909
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