Legal Opinion

Stiles v. Jackson, ex dem. Wood

New York Supreme Court

Decided August 15, 1828PublishedCited by 3 opinions

Motion by landlord to be let in to defend in an action of ejectment. A default was entered, during the last vacation, J , , i . ’ against the tenant, and the landlord applies to be let in to defend lipón" the usual affidavit of title ; which is resisted on the part of the lessor of the plaintiff, on the ground that he claims r 1 . ° to recover no more than the interest of the tenant in the premises, subject to the rights of the landlord.

1Opinion of the Court

-By the Court,

Savage, Ch. J.

The lessor claims nothing inconsistent with the rights of the landlord; the landlord has therefore no interest to defend. The motion is denied, with costs.

2Cited by3 opinions

  1. Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
  2. Cramer v. BentonNew York Supreme Court · 1871
  3. Cramer v. BentonNew York Supreme Court · 1873