Kirschler v. Albanesius

Hartshorne, C. P. J.

The question here is, whether or not the Court of Common Pleas has jurisdiction to try cases where the right to possession of land is in issue, even where such right is for less than a freehold, as, for instance, a leasehold.

The facts have been stipulated, and, in brief, are, that defendant Albanesius was the owner of the fee of the premises in question on Broad street, Newark. Albanesius first leased the premises to Eine Arts Theatre, Incorporated. Thereafter a receiver for such company was appointed. Ten days later Albanesius leased the same premises to defendant Little…