Coan v. Osgood
New York Supreme Court
This was an action for trespass on lands, originally commenced in a justice’s court, and afterwards discontinued there and brought in this court, upon the defendants’ plea of title, pursuant to statute.
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This was an action for trespass on lands, originally commenced in a justice’s court, and afterwards discontinued there and brought in this court, upon the defendants’ plea of title, pursuant to statute. The complaint in this court, after stating the bringing the action in the justice’s court, the complaint and the plea of title there, and the giving an undertaking by the defendants, pursuant to section 56 of the code, proceeded as follows : “ And the said plaintiffs now make complaint in this court, pursuant to the statute in such case made and provided, that they the said defendants, on or…
1Opinion of the Court
By the Court, Welles, P. J.
I think the offer of the submission and award respecting the disputed line, was properly overruled, for the reason that they were not between the same parties, and did not tend to establish title in Magdalene’Osgood. The defendants, by their answer, have set up title in her, and .justified their entry under a license from her. Neither of them had the right to change his ground upon the trial, and show title in himself. The only effect of the evidence would have been to show title in David Osgood, one of the defendants, or what would have been practically the same…
2Cases cited2 opinions
- Case v. ReeveNew York Supreme Court · 1817
- Coleman v. WiseNew York Supreme Court · 1807
3Cited by5 opinions
- Brockmeyer v. Sanitary DistrictAppellate Court of Illinois · 1904
- Bennett v. CouchmanNew York Supreme Court · 1866
- Clark v. MontgomeryNew York Supreme Court · 1856
- Lowenstein v. McIntoshNew York Supreme Court · 1862
- Rayl v. KirbyIndiana Supreme Court · 1913