People ex rel. Brinkerhoff v. Nelson
New York Supreme Court
TEMS wií an-' indictment for. forcible entry and detainer; proceedings. before the justice' were pemóvedúnto^this. c'ourfr fey certiorari;-, and the‘traverse was' tried at- the -Dut'cHeSs in August, 1'81-S, before Mr. Justice.Fan' Ness.
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TEMS wií an-' indictment for. forcible entry and detainer; proceedings. before the justice' were pemóvedúnto^this. c'ourfr fey certiorari;-, and the‘traverse was' tried at- the -Dut'cHeSs in August, 1'81-S, before Mr. Justice.Fan' Ness. The-. inquisition: taken before'a justice Of the peacé bf 'Poughkeepsie, found, “-that Stephen Brin/cerholJ'oi Poughkeepsie, blacksmith, , . ' . • ’.v - ; .. long since lawfully and peaceably was- possessed-of; and .in,, one rness'iafe’ wlta tae aPf)Ul'tenan(ies>ln Poughkeepsiépaiqr.esaia, in the county aforesaid, and his possession so continued, until ^*dold…
1Opinion of the Court
Spencer, j.,.delivered1 the opinion of the .court.. The de-- - fendant-moves, in arrest Of judgment, and for a-'ne-w trial, on the' ground,'.'that the. evidence offered on. his part, which went to . show a title in himself to the-premises, was overruled.
The’inquisition does hot state, that Brinkefhoff was either seised of the premises, ór that he had a term of years therein* yet to come' and un'espired,: it states; only, that Stephen Brin-" lierhojp, ot• Poughkeepsie, aforesaid, blacksmith, long since lawfully,, and-peaceably, was possessed of, and in, one messuage* .with the appurtenances…
2Cases cited1 opinion
- People v. ShawNew York Supreme Court · 1803
3Cited by13 opinions
- Pettit v. BlackNebraska Supreme Court · 1882
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Burnham v. StoneCalifornia Supreme Court · 1894
- Myers v. Sea Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Matlock v. ThompsonSupreme Court of Alabama · 1851
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