King v. Phillips
New York Supreme Court
This action was brought by the plaintiff to recover damages for forcibly entering into a school-house, in the town and county of Onondaga, in May, 1867, of which she was in the possession, and ejecting her therefrom.
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This action was brought by the plaintiff to recover damages for forcibly entering into a school-house, in the town and county of Onondaga, in May, 1867, of which she was in the possession, and ejecting her therefrom. The school-house was the property of the trustees of school-district Ho. 6, in said town of Onondaga, and was erected and standing, at the time of the alleged illegal entry, on a part of the public square in said town, in which the plaintiff and defendant were interested as tenants in common. The manner in which the several parties acquired an interest in the square, was as…
1Opinion of the Court
Present — Bacon, Foster, Mullin and Morgan, JJ.
By the Court
Mullin, J.
It will be seen from the foregoing statement of the facts of the case, that while the plaintiff, in her action of ejectment against the trustees, claimed to recover an undivided interest in the public square, she in fact recovered an interest in that portion of it only occupied by the trustees, which was a strip some 110 feet long by forty-one feet wide; and it was into that part she entered and from which she was ejected.
It is not established by the judgment in the ejectment suit that plaintiff has title to any part of the…
2Cases cited10 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Gilbert v. DickersonNew York Supreme Court · 1831
- Erwin v. OlmstedNew York Supreme Court · 1827
- Farr v. SmithNew York Supreme Court · 1832
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tallman v. BarnesWisconsin Supreme Court · 1882
- O'Donnell v. McIntyre, New York County Courts1885