Tuthill v. Clark
New York Supreme Court
This was an action of trespass quare clausum fregit, tried at the Orange circuit in September, 1831, before the Hon. Charles H. Rtjggles, one of the circuit judges. The cause was removed by certiorari into this court from the Orange common pleas.
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This was an action of trespass quare clausum fregit, tried at the Orange circuit in September, 1831, before the Hon. Charles H. Rtjggles, one of the circuit judges. The cause was removed by certiorari into this court from the Orange common pleas. The declaration in that court was of December term, 1830, and charged the defendant with entering a certain close, situate in the town of Blooming Grove, in the county of Orange, bounded northerly by lands in the possession of the defendant, and being the same premises whereof one A. Youngs, late of Blooming Grove, died seised, and committing various…
1Opinion of the Court
By the Court,
Nelson, J.
The revised statutes, 2 R. S. 236, from § 59 to § 66, inclusive, prescribe the pleadings which may be interposed in a justice’s court, in actions in which the title to lands may come in question ; and they have materially altered the proceedings in such cases from what they were under the act of 1824, or the former twenty-five dollar act. The defendant may now plead specially any plea showing that the title of lands will come in question, or may, under the general issue, give a notice to that effect: and such plea and notice may be joined with any other proper plea to…
2Cases cited2 opinions
- Ellice v. BoyerNew York Supreme Court · 1832
- People ex rel. Parsons v. Rensselaer Common PleasNew York Supreme Court · 1829