Jackson ex dem. Eden v. Rathbone
New York Supreme Court
In ejectment, the plaintiff recovered certain premises, situate in the city of Ntw-York, particularly described in a special verdict found by the jury. The declaration was in the usual general form, for 5 acres, &c. in a certain ward of the city.
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In ejectment, the plaintiff recovered certain premises, situate in the city of Ntw-York, particularly described in a special verdict found by the jury. The declaration was in the usual general form, for 5 acres, &c. in a certain ward of the city. Judgment having been entered for the plaintiff, an habere facias possessionem thereupon issued to the Sheriff of the city and county of New- York, who declined executing it, on account of the doubt which existed, whether any land, in possession of Gould, the tenant, with whom Rathbone had been admitted to defend, as landlord, was included in the…
1Opinion of the CourtWoodworth, J.
He said the Court were with the counsel for the defendant, that, alihough upon a general declaration, and a verdict and judgment equally general, the plaintiff might take possession,at his peril, subject to be put right by the Court if he took niore than the premises in question upon the trial; yet, where there is a special verdict, as in this case, locating those premises, the parties and Sheriff should be guided by this. He then went at large into the facts, and added, that the Court had very carefully examined the- questions which had been raised upon them, as to the location, and were…
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