Ensign v. Sherman
New York Supreme Court
S. B. Strong, P. J., Birdseye and Emott, Justices. Appeal from-judgment on demurrer to complaint.
1Opinion of the Court
By the court—S. B. Strong, Justice.
This is an action for the recovery of the possession of land. The plaintiff avers in her complaint that she has lawful, title as the owner in fee simple to the real estate in question, which is fully described; that the defendant is in possession of it, and unlawfully withholds possession thereof from her. The defendant demurred *440to the complaint, on the grounds that it did not show any title or interest in the plaintiff to the land in dispute; that it did not show that the plaintiff was ever in possession, and that it did not state facts suEcient to…
2Cited by9 opinions
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- Tutt v. Port Royal & Augusta Railway Co.Supreme Court of South Carolina · 1888
- Halsey v. GerdesNew York Supreme Court · 1886
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