Bates v. Lidgerwood Manuf'g Co.
New York Supreme Court
Appeal from special term, Kings county. Ejectment by Aaron P. Bates against the Lidgerwood Manufacturing Company. Judgment for defendant, and plaintiff appeals.
1Per curiam
This is an action in ejectment. The complaint alleges title in the Fibre Disintegrating Company, the recovery of a judgment against that company, and the sale on execution to the plaintiff of the premises in question. The answer denied title in the execution debtor, and set up affirmatively the defendants’ claim of title.
It is elementary law that in ejectment a plaintiff (unless he connects his title with a prior possession) must recover on the strength of his own title, and not on the weakness of that of his adversary. It is also settled law that production of a deed without proof of…
2Cases cited3 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Sage v. . CartwrightNew York Court of Appeals · 1853
- Dominy v. MillerNew York Supreme Court · 1861
3Cited by5 opinions
- Robertson v. . SayreNew York Court of Appeals · 1892
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896
- Mitchell Vance Co. v. DaikerNew York Court of Common Pleas · 1892
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896