People v. Leonard
New York Supreme Court
THIS was an indictment for a forcible entry and detainer of a dwelling house, and other premises, in the town of Hamilton, in Madison county. The indictment alleged the complainant, Salisbury, to have been seised in fee, on the 19th of Marc, 1808, and to have so continued, until the defendant, on the 10th of December, 1811, forcibly entered and expelled him.
Read the full summary
THIS was an indictment for a forcible entry and detainer of a dwelling house, and other premises, in the town of Hamilton, in Madison county. The indictment alleged the complainant, Salisbury, to have been seised in fee, on the 19th of Marc, 1808, and to have so continued, until the defendant, on the 10th of December, 1811, forcibly entered and expelled him. The indictment was found before a justice of the peace of Madison county, and, on being removed by certiorari into this court, was brought to trial at the Madison circuit, in June, 1814, before Mr, Justice Platt. The counsel for the…
1Opinion of the Court
Tkompsoh, Gh. J.
delivered the opinion of the court. This was a trial for a forcible entry and detainer. The complainant, on opening his case, proposed to confine his proof to his possession only, but the judge ruled, that the complainant must prove in himself an estate in fee, or an estate for years at least; that the title was in question, and that the complainant must give the like evidence of title, as xvas required in ejectment. Admitting the complainant must give the like evidence of title, as is required in ejectment, he offered to show, what would have entitled him to recover in…
2Cited by22 opinions
- Dustin v. CowdrySupreme Court of Vermont · 1851
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
- Archey v. KnightIndiana Supreme Court · 1877
- Kelly v. SheehyNew York Marine Court · 1881
17 more not listed; retrieve them via the Exa API.