People ex rel. Gault v. Van Nostrand
New York Supreme Court
Van Nostrand was proceeded against under the statute of forcible entries and detainers, before a judge of the Madison common pleas.
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Van Nostrand was proceeded against under the statute of forcible entries and detainers, before a judge of the Madison common pleas. An inquisition was found that Gault, the relator, on the 21st April, 1830, was possessed in fee simple of a certain messuage, with the appurtenances, situate, &c. and that on the day and year aforesaid, Van Nostrand, with force and arms, &c. entered and expelled Gault from the possession thereof, and from that day until the finding of the inquisition, kept out, &c. Van Nostrand traversed the inquisition, and the proceedings being removed into this court by…
1Opinion of the Court
By the Court,
Nelson, J.
The counsel on both sides seem to have overlooked the provisionsof the Revised Statutes in relation to forcible entries and detainers, which have essentially changed the law applicable to that subject from what it has heretofore been understood to be. If this case was to be de= *52termined independence of those statutes, I apprehend the verdict could not be sustained against the objection that the complainant was neither seized of a freehold nor possessed of a term of years in the premises. 3 Bac. 256, 7, letter E. 1 Hawk. 283, § 38, ch. 64. 13 Johns. R. 340. 8 Cowen, 226.…
2Cases cited1 opinion
- Evertson v. SuttonNew York Supreme Court · 1830
3Cited by14 opinions
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Willard v. WarrenNew York Supreme Court · 1837
- Voll v. HollisCalifornia Supreme Court · 1882
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Carter v. NewboldNew York Supreme Court · 1852
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