Rodgers v. Rodgers
New York Supreme Court
Demurrer to complaint. The complaint alledged that the plaintiff was the owner in fee of a farm of 110 acres; that the fee, title, and inheritance were, have been and are in the plaintiff. subject to the life estate of Ebenezer Rodgers; to whom, in September, 1845, he leased and demised the premises for and .during the natural life of E. Rodgers; that E. Rodgers had been from that time and still was in possession under the lease.
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Demurrer to complaint. The complaint alledged that the plaintiff was the owner in fee of a farm of 110 acres; that the fee, title, and inheritance were, have been and are in the plaintiff. subject to the life estate of Ebenezer Rodgers; to whom, in September, 1845, he leased and demised the premises for and .during the natural life of E. Rodgers; that E. Rodgers had been from that time and still was in possession under the lease. That there were about 28 acres of timber land valuable and necessary- for the use of the farm; and that the reversion, inheritance and fee therein would he greatly…
1Opinion of the Court
By the Court,
Marvin, J.
What is the action the pleader has attempted to state in this complaint ? What are the causes or cause of action ? How many causes of action are stated, one or more ? Facts, conclusions of law, and reliefs prayed, are so jumbled together that it is difficult to answer these questions. It was called, upon the argument, an action of waste ; and it was said that the object of the plaintiff is, to obtain damages for the combined acts of the defendants, and a perpetual injunction to restrain them from committing further waste. The plaintiff’s counsel referred us to section…
2Cases cited2 opinions
- New York Printing & Dying Establishment v. FitchNew York Court of Chancery · 1830
- Schermerhorn v. BuellNew York Supreme Court · 1847
3Cited by2 opinions
- Cleveland v. BarrowsNew York Supreme Court · 1871
- Read v. LambertNew York City Court · 1871