Spencer v. Tobey
New York Supreme Court
PPEAL from a judgment entered at a special term, after a trial at the circuit, before the court, without a jury. The action was brought to recover the possession of real estate. The answer of the defendant denied that the plaintiff had lawful title, as the owner in fee simple, to the premises in question. The defendant admitted that he was in possession, but denied that he unlawfully withheld possession from the plaintiff.
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PPEAL from a judgment entered at a special term, after a trial at the circuit, before the court, without a jury. The action was brought to recover the possession of real estate. The answer of the defendant denied that the plaintiff had lawful title, as the owner in fee simple, to the premises in question. The defendant admitted that he was in possession, but denied that he unlawfully withheld possession from the plaintiff. The defendant further answering alleged, that on or about the 11th day of April, 1846, he, the defendant, entered into possession of said premises with the consent and by…
1Opinion of the Court
By the Court, T. E. Strong, J.
The plaintiff was in possession of the premises several years, claiming title; and the defendant went into possession under a contract between the parties, whereby he agreed to purchase the improvements of' the plaintiff, and his title to the premises, as soon as it should be settled, if it should prove to be good, the title as stated in the contract being then in dispute. This was abundant evidence of title in the plaintiff to sustain the action, aside from the rights of the defendant under the contract. The prior possession of the plaintiff was prima facie…
2Cited by6 opinions
- Miller v. . BallNew York Court of Appeals · 1876
- Gates v. McLeanCalifornia Supreme Court · 1886
- Barrell v. BrittonMassachusetts Supreme Judicial Court · 1925
- Gaven v. HagenCalifornia Supreme Court · 1860
- Cartin v. HammondMontana Supreme Court · 1890
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