Lowman v. Sprague
New York Supreme Court
Appeal from Chemung county court. Forcible entry and detainer by Seymour Lowman, as guardian of Frank L. Clearwater, against Frances M. Sprague and Charles Sprague. The action was originally brought in justice’s court, where the proceeding was dismissed, and plaintiff appealed to the county court. From a judgment of the county court reversing the justice’s judgment, defendants appeal.
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Appeal from Chemung county court. Forcible entry and detainer by Seymour Lowman, as guardian of Frank L. Clearwater, against Frances M. Sprague and Charles Sprague. The action was originally brought in justice’s court, where the proceeding was dismissed, and plaintiff appealed to the county court. From a judgment of the county court reversing the justice’s judgment, defendants appeal. Plaintiff’s petition alleges possession of the premises described therein, and that “while your petitioner was so in such lawful, actual, peaceable occupation, and on or about the 28th day of July, 1892, as…
1Opinion of the CourtMartin, J.
I think the judgment of the county court should be affirmed. This proceeding was instituted by the respondent under title 2, c. 17, of the Code of Civil Procedure, to acquire the possession of the farm or premises in question. The respondent’s claim, as finally made, was based on the allegation that the appellants, by force, held the possession of the premises sought to be recovered. The answer was in effect a general denial of the allegations in the petition, but contained no allegation that the appellants or their ancestor, or those whose interest they claimed, had been in quiet possession…
2Cases cited5 opinions
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
- Kelly v. SheehyNew York Marine Court · 1881
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
3Cited by8 opinions
- Town of Oyster Bay v. JacobAppellate Division of the Supreme Court of the State of New York · 1905
- Dorschel v. BurklyAppellate Terms of the Supreme Court of New York · 1896
- Markun v. WecksteinAppellate Terms of the Supreme Court of New York · 1917
- Crane v. Van DerveerAppellate Division of the Supreme Court of the State of New York · 1899
- Stock v. Fredamil Realty Corp.City of New York Municipal Court · 1941
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