Spear v. Cutter
New York Supreme Court
In Equity. Demurrer to bill of complaint; and motion to dissolve injunction founded on the bill alone. The plaintiff alleged in his bill that he was the owner of lot No. 20 in Legg’s patent; that he and those under whom he claimed were in possession, claiming title, and had been from 1833 to April 28,1845; that for four years previous to this latter date, L. Bates occupied the lot as his tenant; that D. Russell, on the 11th of Nov. 1844, instituted summary proceedings under…
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In Equity. Demurrer to bill of complaint; and motion to dissolve injunction founded on the bill alone. The plaintiff alleged in his bill that he was the owner of lot No. 20 in Legg’s patent; that he and those under whom he claimed were in possession, claiming title, and had been from 1833 to April 28,1845; that for four years previous to this latter date, L. Bates occupied the lot as his tenant; that D. Russell, on the 11th of Nov. 1844, instituted summary proceedings under the provisions of the revised statutes in relation to landlords and tenants, before a county judge of Essex county, to…
1Opinion of the CourtPaige, J.
The defendant insists that as he is in possession, claiming adversely to the plaintiff, and as the title is in dispute, an injunction bill to stay waste cannot be sustained. Storms v. Mann, (4 John. Ch. 21,) is cited in support of this proposition. In that case, the defendant had been in possession of the premises a long time, and was in possession at the time of the filing of the bill; the plaintiff had commenced an ejectment at law, and the defendant had joined issue with him on the question of title, and the action was pending, undetermined. But in the bill in that case, there was no…
2Cited by9 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Miller v. WillsSupreme Court of Virginia · 1897
- Coleman ex rel. Smith v. Stearns Manufacturing Co.Michigan Supreme Court · 1878
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Palmer v. Hickory Grove CemeteryAppellate Division of the Supreme Court of the State of New York · 1903
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