Pierce v. Tuttle
New York Supreme Court
ACTIÓS" to recover the possession of real estate. The' plaintiff was the owner of a farm in Genoa, Cayuga, county. On the 26th of February, 1867, the parties entered into a written agreement under seal, the plaintiff to sell and convey, and the defendant to purchase and pay for the same.
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ACTIÓS" to recover the possession of real estate. The' plaintiff was the owner of a farm in Genoa, Cayuga, county. On the 26th of February, 1867, the parties entered into a written agreement under seal, the plaintiff to sell and convey, and the defendant to purchase and pay for the same. The defendant was to pay $5200, and-assume two mortgages, one “now in possession of ."Darius Adams, upon which there is due and payable the sum of thirteen hundred dollars, and interest, (the interest to the first day of April next, to be paid by said party of the first part.) Also the payment by said party…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
To maintain ejectment, the plaintiff must establish that he is the owner of the premises in question and lawfully entitled to the immediate possession of the same, and that the defendant was in fact, at the time of the commencement of the action, in actual possession of said premises and unlawfully and wrongfully withholds such possession from the. plaintiff.
*166All these facts were clearly proved at the trial, and were undisputed except the last. Ejectment is purely a legal action. It is brought to assert and establish a legal title to land, and the right of…
2Cases cited4 opinions
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Wright v. MooreNew York Supreme Court · 1839
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859
- Powers v. IngrahamNew York Supreme Court · 1848
3Cited by11 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Hicks v. LovellCalifornia Supreme Court · 1883
- Gates v. McLeanCalifornia Supreme Court · 1886
- Rhoades v. FreemanAppellate Division of the Supreme Court of the State of New York · 1896
- Fulkerson v. BrownleeSupreme Court of Missouri · 1879
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