Willis v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Delaware county. Action by John C. Willis against Frank H. McKinnon and others. From a judgment for plaintiff (75 N. Y. Supp. 770), defendants appeal. Affirmed. The premises were leased in 1886 for one year by Prentice W. Willis, as surviving partner of Travis & Willis, to defendant Prank H. McKinnon. Under such lease McKinnon went into possession, and has remained in possession ever since, having paid only one year’s rent.
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Appeal from trial term, Delaware county. Action by John C. Willis against Frank H. McKinnon and others. From a judgment for plaintiff (75 N. Y. Supp. 770), defendants appeal. Affirmed. The premises were leased in 1886 for one year by Prentice W. Willis, as surviving partner of Travis & Willis, to defendant Prank H. McKinnon. Under such lease McKinnon went into possession, and has remained in possession ever since, having paid only one year’s rent. He claims to be the owner, by purchase since executing the lease, of an undivided fraction of the premises, and that he holds as tenant in common…
1Opinion of the CourtKellogg, J.
This action has been twice tried. On appeal to this court from the judgment rendered on the first trial, Landon, J., wrote a dissenting opinion (35 App. Div. 134, 54 N. Y. Supp. 1079), holding that on the facts appearing in the record the plaintiff was entitled to judgment; that defendant McKinnon could not dispute the title of his landlord as declared in the lease by the purchase of an outstanding title to a strand or fraction of the premises, and thereby retain possession; that, having gone into possession under the lease with full knowledge of the situation, he must first surrender…
2Cases cited7 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Wood v. . WoodNew York Court of Appeals · 1881
- Budd v. WalkerNew York Supreme Court · 1850
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
- Chace v. LamphereNew York Supreme Court · 1893
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3Cited by1 opinion
- Conn v. City CouncilCalifornia Court of Appeal · 1911