Willis v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank H. McKinnon and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 3d day of March, 1902, upon the decision of the court rendered after a trial at the Delaware Trial Term, a jury having been waived. The facts are stated in the opinion of Kellogg, J.
1Opinion of the Court
Chase, J.:
In an action to recover the possession of real property the plaintiff may recover damages for withholding the property, including the rents - and profits or the value of the use and occupation of the property. (Code Civ. Proc. §§ 1496, 1497.) These sections include the damages arising from the defendant’s continuing to withhold the real property after the bringing of the action. (Clason v. Baldwin, 129 N. Y. 183; Danziger v. Boyd, 120 id. 628.)
All the recoverable damages are now incidental to the establishment of the plaintiff’s title to the property. (Clason v. Baldwin, *250supra.) The…
2Cases cited6 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Wood v. . WoodNew York Court of Appeals · 1881
- Clason v. . BaldwinNew York Court of Appeals · 1891
- Budd v. WalkerNew York Supreme Court · 1850
- Chace v. LamphereNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McKeefry v. O'HaraCity of New York Municipal Court · 1920