Tilton v. Nelson
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the answer. The following opinion, given at special term, states the material parts of the pleadings, and shows the legal questions raised hy the demurrer.
Read the full summary
APPEAL from an order made at a special term, overruling a demurrer to the answer. The following opinion, given at special term, states the material parts of the pleadings, and shows the legal questions raised hy the demurrer. S. B. Strong, J. “The plaintiff states in her complaint that Nathaniel Drake and his wife conveyed the land in dispute, with other property, to Samuel Marks; that Marks entered into possession of the premises thus conveyed to him, and occupied the same; that he is now dead, and the plaintiff is one of his heirs at law; that the defendant wrongfully entered into, and…
1Opinion of the Court
By the Court, Emott, J.
Before the code, the defense which is here interposed by answer could probably have been made available only by a bill in equity and an injunction to restrain the prosecution of the plaintiff’s suit. The case of Storrs v. Barker, (6 John. Ch. 166,) is an instance of such a remedy applied to a state of facts very closely analogous, as it strikes me, to that before us. That was a case where the heir of a *603feme covert brought an action of ejectment to recover a piece of land of which she had died seised. On the other hand, however, it appeared that she had during coverture…
2Cases cited2 opinions
- Hall v. FisherNew York Supreme Court · 1849
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
3Cited by24 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Clark v. MiddlesworthIndiana Supreme Court · 1882
- Moran v. PalmerMichigan Supreme Court · 1865
- Gray v. CrockettSupreme Court of Kansas · 1886
- Hill v. BlackwelderIllinois Supreme Court · 1885
19 more not listed; retrieve them via the Exa API.