Dewey v. Bordwell
New York Supreme Court
Error from the Washington common pleas. Bordwell sued T. Dewey and C. Dewey in a justice’s court in an action of trespass quare clausum fregit and de bonis asportatis. The defendants pleaded the general issue. The plaintiff obtained judgment before the justice, and the defendants appealed to the Washington common pleas.
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Error from the Washington common pleas. Bordwell sued T. Dewey and C. Dewey in a justice’s court in an action of trespass quare clausum fregit and de bonis asportatis. The defendants pleaded the general issue. The plaintiff obtained judgment before the justice, and the defendants appealed to the Washington common pleas. On the trial in that court, the plaintiff produced the record of a recovery in an action of ejectment, a writ of possession under it, and proved that lot No. 61, in the Artillery patent, without, however, specifying metes or bounds, was delivered to the agent of the plaintiff…
1Opinion of the Court
By the Court,
Nelson, J.
The evidence offered by the defendants to shew title in themselves to the locus in quo was properly excluded. To avail themselves of such defence,they should have put in a plea of title before the justice, in pursuance of the 9th section of the fifty dollar act, Laws of 1824, p. 283. That section provides that on the plea of title being put in before the justice, and the suit again commenced before the common pleas, “ the defendant shall plead only a justification by title,” and if the plaintiff shall recover any damages, the defendant is liable to double costs. To…
2Cited by10 opinions
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- Machin v. GeortnerNew York Supreme Court · 1835
- Saunders v. A. & W. WilsonNew York Supreme Court · 1836
- Heintz v. DellingerNew York Supreme Court · 1864
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