Jackson v. Stone
New York Supreme Court
THIS was an action of trespass, iormesne profits, which was tried before Mr. Justice Platt, at the Greene circuit, in Sepfemher 1 81 T lemotr, 1010. The plaintiff, in this suit, commenced two actions of ejectment, in 1810, on the demise of Joseph Atwood, against Samuel Baldwin and Benjamin Baldwin, for lands in Windham, in,: the couniy 0f Greene, in which judgments were recovered, in October term, 1813, .whereon writs of possession were issued,; which were executed in…
Read the full summary
THIS was an action of trespass, iormesne profits, which was tried before Mr. Justice Platt, at the Greene circuit, in Sepfemher 1 81 T lemotr, 1010. The plaintiff, in this suit, commenced two actions of ejectment, in 1810, on the demise of Joseph Atwood, against Samuel Baldwin and Benjamin Baldwin, for lands in Windham, in,: the couniy 0f Greene, in which judgments were recovered, in October term, 1813, .whereon writs of possession were issued,; which were executed in December following. Previously, however, .to these judgments being obtained, the defendant had purchased from one Scott about…
1Per curiam
The defendant, ás respecté' the title to the premises, stands in the same situation as the Baldwins, from whom he took the possession of the parcel of land,, for which the action of ejectment was brought, The defendant in an action of ejec tment cannot,, by giving up, the possession to a third person, after the commencement of the suit, defeat the effect of the recovery. It,is. perfectly well settled that a recovery In ejectment,: as far as respects the right to mesne profits, is conclusive of the title, as to the land possessed by the defendant when the action was brought, into whose hands…
2Cited by13 opinions
- Hovey v. . ElliottNew York Court of Appeals · 1890
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Smith v. KimballSupreme Court of Kansas · 1887
- Northern Pacific & Montana Railway Co. v. ForbisMontana Supreme Court · 1895
- Knox v. EastonSupreme Court of Alabama · 1862
8 more not listed; retrieve them via the Exa API.