Sanders v. Leavy
New York Supreme Court
The complaint of the plaintiff in this action shows: That the said plaintiff has the lawful title as the owner in fee simple to the following described real estate situate in the city of New-York, in the county and state of New-York to wit: All that certain lot, piece or parcel of land, situate, lying and being in the city, county and state of Mew-York, on the northerly side of Twenty-ninth street, and between Lexington avenue and Third avenue, bounded, described and…
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The complaint of the plaintiff in this action shows: That the said plaintiff has the lawful title as the owner in fee simple to the following described real estate situate in the city of New-York, in the county and state of New-York to wit: All that certain lot, piece or parcel of land, situate, lying and being in the city, county and state of Mew-York, on the northerly side of Twenty-ninth street, and between Lexington avenue and Third avenue, bounded, described and containing as follows, viz.: (giving the boundaries.) That the above named defendant is in possession of the said real estate,…
1Opinion of the Court
Ingraham, Justice.
I think the complaint in this case is sufficient. To recover real estate, what is it necessary for the plaintiff to prove ? Two things: first, that he is the owner of the property; secondly, that the defendant withholds from him the possession without right. Both facts are plainly averred in the complaint. The demurrer admits both to be true, and with such an admission made on the trial, could any court refuse to give judgment ?
If the defendant’s views are right, the plaintiff could be compelled to set out the evidence on which he relies to prove his complaint, and then he…
2Cases cited1 opinion
- Walter v. LockwoodNew York Supreme Court · 1856
3Cited by6 opinions
- Meyer v. School District No. 31South Dakota Supreme Court · 1893
- Alexander v. CampbellSupreme Court of Missouri · 1881
- Halsey v. GerdesNew York Supreme Court · 1886
- Jones v. MemmottUtah Supreme Court · 1891
- Tyson v. . ShepherdSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.