Bennett v. Couchman
New York Supreme Court
THIS action was originally commenced in a justice’s court, for trespass, for wrongfully entering upon lands of the plaintiff, in the town of Conesville, in the county of Schoharie, and wrongfully taking and carrying away a quantity of hay. The answer set up title to the premises in William A. Bay, John W. Bay and William Bay, and claimed that the defendant entered under the direction and license of John W. Bay, William A, Bay and William Bay, or their agent.
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THIS action was originally commenced in a justice’s court, for trespass, for wrongfully entering upon lands of the plaintiff, in the town of Conesville, in the county of Schoharie, and wrongfully taking and carrying away a quantity of hay. The answer set up title to the premises in William A. Bay, John W. Bay and William Bay, and claimed that the defendant entered under the direction and license of John W. Bay, William A, Bay and William Bay, or their agent. And the defendant having filed with the justice the requisite undertaking, the justice dismissed said action, on the ground that the…
1Opinion of the Court
By the Court, Miller, J.
The main point which it is necessary to consider in this case is whether the judgment in the ejectment suit brought by the Bays against Hallenbeck was operative against Bennett, and precluded him from contesting the defendant’s rights acquired by virtue of that judgment. It is claimed by the defendant that it was a bar to a recovery in this action, and that the foreclosure proceedings and judgment under which the plaintiff claimed, did •not give the plaintiff any title, as against the defendant.
The mortgage, which was foreclosed, bore date some time prior to the…
2Cases cited3 opinions
- Campbell v. . HallNew York Court of Appeals · 1858
- Coan v. OsgoodNew York Supreme Court · 1853
- White v. EvansNew York Supreme Court · 1866
3Cited by3 opinions
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Simmons v. CapraAppellate Division of the Supreme Court of the State of New York · 1947
- Waterman v. BallNew York Supreme Court · 1880