Ames v. Harper
New York Supreme Court
THIS is. an appeal from a judgment rendered in favor of the plaintiff upon the report of a referee. The action was brought to recover the possession of lot Ho. 35, Franklin street, in the city of Albany. The material facts are stated in the following opinion.
1Opinion of the Court
By the Court, Ingalls, J.
The complaint alleges that the defendant Gage was in the actual possession of the premises as the tenant of the defendant Harper. The defendants, in their answer, admit such occupation by Gage, as the tenant of Harper, and deny each and every other allegation of the complaint. They also allege that Harper was the owner in fee, and lawfully possessed of the said premises. The appellants insist that Harper was improperly joined as defendant, he not being in the actual possession of said premises, and that the referee erred in refusing to dismiss the complaint, as to…
2Cases cited1 opinion
- Fosgate v. . the Herkimer Manufacturing and Hydraulic Co.New York Court of Appeals · 1855