M'Dougall v. Sitcher
New York Supreme Court
THIS was an action of trespass quare clausum firegit, for ente™g the house of the defendant in the city of New-York. It was tried before Mr. C. J. Lewis at the New-York sittings, the 11th day of April, 1803. In September, 1801, about a week before the trespass complained of, the plaintiff was taken in execution, and confined within the limits of the gaol in the city of New- York, where he remained with his family at the time of the supposed trespass.
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THIS was an action of trespass quare clausum firegit, for ente™g the house of the defendant in the city of New-York. It was tried before Mr. C. J. Lewis at the New-York sittings, the 11th day of April, 1803. In September, 1801, about a week before the trespass complained of, the plaintiff was taken in execution, and confined within the limits of the gaol in the city of New- York, where he remained with his family at the time of the supposed trespass. By his direction, a label, or removal-plate, was put up, on the outside of the door of the house in question, informing the public that he had…
1Opinion of the CourtLivingston, J.
now delivered the opinion of the court.
May the purchaser of real estate, under a fieri facias, enter on it, in a peaceable manner, though some goods of the former proprietor, who was the judgment-debtor, be left oil *44the premises, without being answerable to the latter as a trespasser ?
This is a suit not entitled to -much favor, and unless some very inflexible rule require it, the postea should not be permitted to pass into the plaintiff’s hands. For-' innately, however, no such rule exists. Under such sale, the plaintiff’s interest, which may have been a fee-simple, for aught that appears,…
2Cited by17 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Floyd v. RicksSupreme Court of Arkansas · 1853
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
- Conaway v. GoreSupreme Court of Kansas · 1882
- Smith v. ReederOregon Supreme Court · 1892
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