Williams v. Potter
New York Supreme Court
The plaintiff brought an action of ejectment against the defendant for “ a certain lot or piece of land with the appurtenances, situate in the town of Moriah in the county of Essex, and being known and distinguished as lot No. twenty-seven (27) of a tract of land called and known as Platt Rogers’ Road Patent.”
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The plaintiff brought an action of ejectment against the defendant for “ a certain lot or piece of land with the appurtenances, situate in the town of Moriah in the county of Essex, and being known and distinguished as lot No. twenty-seven (27) of a tract of land called and known as Platt Rogers’ Road Patent.” The plaintiff’s right of entry was stated to be on the first day of January, 1846, and the ouster was alleged to be on the first of March thereafter, and the plaintiff claimed in fee. The cause was tried as an inquest, under the plea of the general issue, at the Essex circuit in…
1Opinion of the Court
By the Court, Willard, J.
The objection, raised for the first time on the argument, that the declaration was for the whole of lot No. 27, and the lease covered only the north three-fourths of the lot, and that the judge directed a verdict for the plaintiff for the premises mentioned in the declaration, comes too late. It rvas not pretended that the defendant was in possession of any land not covered by the lease; nor, in short, did the plaintiff claim any other, on the trial. The verdict cannot injure the defendant, and it can be conformed to the proof on a proper application. This is not the…
2Cited by26 opinions
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