Walter v. Lockwood
New York Supreme Court
Appeal from a judgment entered on the report of a referee. This action was brought to recover the possession of a lot of land, situated in the village of Watkins, in Schuyler county. The complaint in the action was as follows:—■ Title of the Cause.
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Appeal from a judgment entered on the report of a referee. This action was brought to recover the possession of a lot of land, situated in the village of Watkins, in Schuyler county. The complaint in the action was as follows:—■ Title of the Cause. John Walter, plaintiff. —The complaint of the above named respectfully shows to this court that he has lawful title, as the owner in fee simple, to the following described real estate, situate in the village of Watkins, county of Schuyler, and State of New York, and bounded as follows, viz.: Beginning at the southeast corner of said lot of land, on…
1Opinion of the Court 1
By the Court*—Balcom, J.
—The complaint is sufficient to entitle the plaintiff to recover. The form of the complaint in actions to recover the possession of real property, need not be like declarations in ejectment suits under the Revised Statutes. The complaint in actions of this nature must state facts instead of fictions ; and its sufficiency must be tested by the Code and not by the Revised Statutes. The answer must also conform to the Code. The only provisions of the Revised Statutes, which have been made applicable to actions for the recovery of real estate, are those that relate “ to…
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2Cases cited1 opinion
- Lawrence v. WrightThe Superior Court of New York City · 1853
3Cited by1 opinion
- Kidder v. StevensCalifornia Supreme Court · 1882