People Ex Rel. Sheridan v. . Andrews

The magistrate never acquired jurisdiction in the proceedings for the dispossession of Ring, the occupant of the premises claimed by the defendant.

The defendant, as grantee of the tax title, was authorized to institute summary proceedings to recover possession against any person holding in hostility to that title. (Laws 1854, chap. 384, tit. 5, § 33.)

The language of the statute is, that the grantee shall be entitled, "as against all persons whomsoever, to the possession of the premises."

The affidavit presented to the magistrate states that Ring was in possession of the premises, and had…