Muller v. Bayard
The Superior Court of New York City
Application for a certificate that the title to lands came in question under §§ 54 and 304 of the Code. This action was brought by Henry H. Muller against William Bayard to recover $1500 as damages for a trespass in entering upon plaintiff’s premises and carrying away certain movables. The plaintiff had a verdict for $40. With the view of obtaining costs in the action the plaintiff applied for a certificate that • the title to land came in question.
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Application for a certificate that the title to lands came in question under §§ 54 and 304 of the Code. This action was brought by Henry H. Muller against William Bayard to recover $1500 as damages for a trespass in entering upon plaintiff’s premises and carrying away certain movables. The plaintiff had a verdict for $40. With the view of obtaining costs in the action the plaintiff applied for a certificate that • the title to land came in question. The facts sufficiently appear from the opinion.
1Opinion of the CourtRobertson, J.
This is an application for a certificate that the title to land came in question under §§ 54 and 304 of the Code. The action was for a trespass in entering upon the plaintiff’s premises unlawfully and carrying away certain movables belonging to him. The answer denies every allegation in the complaint not therein specifically admitted. It alleges that the defendant was “ in lawful occupation and possession of the premises in question, with the knowledge, consent, and approval of the plaintiff, and also that the latter took a lease there*451for, for a year, and it was understood and agreed between…
2Cases cited1 opinion
- Chandler v. DuaneNew York Supreme Court · 1833
3Cited by1 opinion
- Aaron v. FosterCity of New York Municipal Court · 1886