Ensign v. Sherman
New York Supreme Court
The complaint in this action was substantially as follows■ That the plaintiff has lawful title as the owner in fee simple to the following described real estate, situated in the town of Dover and county of Dutchess, bounded and described as follows: (describing it.) And the defendant is in the possession of the said real estate, and unlawfully withholds the possession of the same from the plaintiff.
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The complaint in this action was substantially as follows■ That the plaintiff has lawful title as the owner in fee simple to the following described real estate, situated in the town of Dover and county of Dutchess, bounded and described as follows: (describing it.) And the defendant is in the possession of the said real estate, and unlawfully withholds the possession of the same from the plaintiff. Wherefore the plaintiff demands that the defendant may be adjudged to surrender the possession of the said real estate to the plaintiff, and to pay the plaintiff damages for the unlawful…
1Opinion of the Court
Emott, Justice.
At the argument I was strongly inclined against this demurrer. This inclination was very materially due to the impression, that in order to sustain it, and to concur in the opinion delivered in the case of Lawrence agt. Wright, (2 Duer, 673,) to which. I was cited, I should be obliged to hold, that title to lands can only be pleaded by alleging seriatim the chain or deduction of conveyances by which it is to be proved. From such a view of the system of pleading which the Code intended to establish, I should be constrained to dissent, even if it were sustained by the decision of…
2Cases cited1 opinion
- Lawrence v. WrightThe Superior Court of New York City · 1853
3Cited by3 opinions
- Finley v. QuirkSupreme Court of Minnesota · 1864
- Postlewaite v. WiseWest Virginia Supreme Court · 1880
- Alexander v. CampbellSupreme Court of Missouri · 1881