Jackson ex dem. Fitzroy v. Sample
New York Supreme Court
This was an action of ejectment, brought to recover certain lands in a tract called Warrensburgh, in the county of Montgomery, on a’demise from Lord Southampton and his wife, and the several demises, of the other lessors.
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This was an action of ejectment, brought to recover certain lands in a tract called Warrensburgh, in the county of Montgomery, on a’demise from Lord Southampton and his wife, and the several demises, of the other lessors. On the trial, before Mr. Justice Lewis at the last June circuit in that county, it was stated on the part of the 'plaintiff, that the, defendant originally took possession of the pre-. mises in question, by permission of an agent of the heirs and devisees of Sir Peter Warren; and the plaintiff proved, that on the 1st August, 1763, the defendant applied to, and obtained leave…
1Opinion of the Court
Lansing, Ch. J.
delivered the opinion of the court. Two. points have been made in this cause, as reasons for setting aside the verdict.
1. That co-parcenérs cannot sever in ejectment, so as to maintain the action severally.
2. That the plaintiff had neglected to give notice to quit.
As to the first point, the doubt seems originally to haye been whether co-parceners could join, and not whether they could sever, in an action of ejectment.
In the case of Millener v. Robinson, (Moore, 682,) two co-parceners declared quod demiserunt, this was excepted to, and the exception was held to be well taken.
In…
2Cases cited1 opinion
- Baldwin v. BiersdorferIndiana Superior Court · 1871
3Cited by2 opinions
- Lessee of Moore v. ArmstrongOhio Supreme Court · 1840
- Warner v. BrintonU.S. Circuit Court for the District of Eastern Pennsylvania · 1835