Tompkins v. White
New York Supreme Court
JJemurrer to complaint. The complaint alleges that the plaintiffs 11 are, and for more than three years last past, have been, the lawful owners' as tenants in common, in fee simple, and entitled to the possession, rents, issues and profits,” of the premises therein described; “ that the above named defendants, or one of them, are now in possession of the said real estate, claiming title thereto, or some interest therein, or lien thereupon, but unlawfully, as plaintiffs…
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JJemurrer to complaint. The complaint alleges that the plaintiffs 11 are, and for more than three years last past, have been, the lawful owners' as tenants in common, in fee simple, and entitled to the possession, rents, issues and profits,” of the premises therein described; “ that the above named defendants, or one of them, are now in possession of the said real estate, claiming title thereto, or some interest therein, or lien thereupon, but unlawfully, as plaintiffs submit and insist, and that they, the said defendants, unlawfully withhold possession of the said real estate from them the…
1Opinion of the Court
T. R. Strong, Justice.
Under the Code, in an action to recover the possession of real property, there may be included a claim for “damages for the withholding thereof, and the rents and profits of the" same,” (Code, § 167, sub. 5.) The object of this provision was to enable the plaintiff in such an action to recover therein, with the possession, his damages for being deprived of the premises and the rents and profits thereof, while kept out of possession, and thus render unnecessary a new action for that purpose. The provision is a substitute for the action of trespass for the mesne profits,…
2Cases cited5 opinions
- Shaver v. M'GrawNew York Supreme Court · 1834
- Van Horne v. EversonNew York Supreme Court · 1852
- Putnam v. Van BurenNew York Supreme Court · 1852
- Van Buren v. CockburnNew York Supreme Court · 1852
- Waldorph v. BortleNew York Supreme Court · 1850
3Cited by1 opinion
- Jack v. CashinNew York Marine Court · 1878