Jackson ex dem. Sherrill v. Brush
New York Supreme Court
EJECTMENT for a house and lot in Poughkeepsie, tried before Mr. Justice Platt, at the Dutchess Circuit, in 1820. The defendant, by agreement, was madé defendant in the place of Moses Armstrong, who was the tenant in possession, at the commencement of the suit.
Read the full summary
EJECTMENT for a house and lot in Poughkeepsie, tried before Mr. Justice Platt, at the Dutchess Circuit, in 1820. The defendant, by agreement, was madé defendant in the place of Moses Armstrong, who was the tenant in possession, at the commencement of the suit. The lessor of the plaintiff gave in evidence the records of two judgments in the Supreme Court in favour of the Middle District Bank against Robert G. Livingston, both docketted the 9th of August, 1816 ; and two executions issued on the same judgments, tested the 14th of August, 1819, returnable at the ° October term following, and…
1Opinion of the CourtYates, J.
A question is made with regal’d to the attornment of Moses Armstrong, the tenant in possession, to the defendant.
It is objected, that this attornment is void; and that Brush being made defendant, as landlord, by consent, the lessor is entitled to the possession as against him, in the same manner as he would be against Armstrong, as his tenant.
The facts disclosed by the case on this subject abundantly show, that the lessor of the plaintiff ought not to recover on that ground. If Armstrong had attorned without the assent of Livingston and Sleight, the plaintiff’s recovery could not be avoided.…
2Cited by6 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
- United States v. DonzigerCourt of Appeals for the Second Circuit · 2022
- Filley v. RegisterSupreme Court of Minnesota · 1860
1 more not listed; retrieve them via the Exa API.