Underwood v. Jackson, ex dem. Varick
New York Supreme Court
Motion to set aside proceedings in ejectment. The defondant entered into a special consent rule, describing parsecularly the premises for which he intended to defend; leaving about 77 acres of land in the farm for the recovery of which the suit was brought, as to which, neither the defend- ° ant nor any other person appeared.
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Motion to set aside proceedings in ejectment. The defondant entered into a special consent rule, describing parsecularly the premises for which he intended to defend; leaving about 77 acres of land in the farm for the recovery of which the suit was brought, as to which, neither the defend- ° ant nor any other person appeared. The plaintiff, on entering the rule for the tenant to appear and enter into the consent rule, filed the usual affidavit of service of a copy of the declaration in ejectment, and notice on the defendant, describing him as tenant in possession of the premises, or of some…
1Opinion of the Court
By the Court,
Sutherland, J.
The affidavits submitted to the court, relative to the possession of the premises by the defendant at the commencement of the suit, are contradictory; but the weight of evidence is in favor of the plaintiff, that the defendant was in possession of the whole of the premises, and his son, N. Underwood, jun. of no part thereof. It is true, as urged by the defendant’s counsel, that the affidavit in the usual form, filed on the entry of the rule to appear, was satisfied in its terms, by the fact that the defendant appeared to defend for a part of the premises, and thus…
2Cited by1 opinion
- Morrison v. HaysSupreme Court of Georgia · 1856