La Bau v. Huetwohl
New York Supreme Court
Appeal from special term, Kings county. Action by Richard R. La Bau and Alice J. La Bau against Frank Huet.wolil and another. From a judgment for plaintiffs, defendants appeal. Argued before Barnard, P. J., and Dykman and Pratt, JJ.
1Opinion of the CourtDykman, J.
This is an action of ejectment, and the defendant is in possession of the premises under a contract to purchase the same. He occupies *492a portion of the dwelling-house, and has rented other portions thereof to two tenants. He has expended money in repairs and improvements upon the premises.. After this action was commenced the plaintiffs made an application to the court for the appointment of a receiver of the rents of the property, and the motion was granted, and the defendant appealed from the order. So far as the equities between the parties are involved, the defendant occupies the position…
2Cases cited2 opinions
- Thompson v. SherrardNew York Supreme Court · 1861
- Burdell v. BurdellNew York Supreme Court · 1877
3Cited by2 opinions
- Schildkraut v. MentcherAppellate Division of the Supreme Court of the State of New York · 1929
- Steppello v. VollNew York Supreme Court · 1939