Erwin v. Olmsted
New York Supreme Court
Trespass guare clausum fregit, and for turning the plaintiff out of his house and destroying his goods; tried at the Montgomery circuit, December 1825, before Williams, 0. Judge, -A-t the trial, the plaintiff proved that, on the 7th Februar5r) 1821, the defendant entered and took possession of a house claimed by, and in possession of the plaintiff, and rem0Te8- and injured his goods, while he was absent with his wife, under a warrant at the suit of the defendant.
Read the full summary
Trespass guare clausum fregit, and for turning the plaintiff out of his house and destroying his goods; tried at the Montgomery circuit, December 1825, before Williams, 0. Judge, -A-t the trial, the plaintiff proved that, on the 7th Februar5r) 1821, the defendant entered and took possession of a house claimed by, and in possession of the plaintiff, and rem0Te8- and injured his goods, while he was absent with his wife, under a warrant at the suit of the defendant. The 0fplaintiff had been in. possession from the 1st of January preceding. , It farther appeared, that the plaintiff s wife was one…
1Opinion of the Court
Curia, per Savage, Ch. J.
The plaintiff, in right of his own wife, owned an undivided seventh part of the premises ; and being peaceably in possession, had a right to remain there, as against the defendant, unless he has shown such a title as will justify the authority exerted by him.
*230lío power was produced on the trial from the heirs to yy. paimer. Nothing was paid upon the contract of pur* chase; and there was no stipulation about the possession. ipjmre is no evidence that W. Palmer was authorized to convey the plaintiff’s interest. Besides, a mere agreement to sell land does not constitute a…
2Cases cited2 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Suffern v. TownsendNew York Supreme Court · 1812
3Cited by16 opinions
- Miller v. . BallNew York Court of Appeals · 1876
- Chappell v. McKnightIllinois Supreme Court · 1884
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Maddox v. GoddardSupreme Judicial Court of Maine · 1839
11 more not listed; retrieve them via the Exa API.