McClane v. White
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE WASHINGTON' COUNTY. Points and authorities of Appellant. First. — In ejectment under the Code, the complaint in this action is sufficient and embraces every thing necessary to be established on tbe trial. Ensign vs. Sherman, 14 IIow. Pr. B. 439 ; Sanders vs. Leary, 16 How. P. It. 308 ; 'Walter vs. Lockwood, 23 Barb. Sup. Ct. It. 228, overrules Lawrence vs. Wright, 2 JDxier 673, contra ; How. Hew York Code 1059— GO.
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APPEAL EROM THE DISTRICT COURT OE WASHINGTON' COUNTY. Points and authorities of Appellant. First. — In ejectment under the Code, the complaint in this action is sufficient and embraces every thing necessary to be established on tbe trial. Ensign vs. Sherman, 14 IIow. Pr. B. 439 ; Sanders vs. Leary, 16 How. P. It. 308 ; 'Walter vs. Lockwood, 23 Barb. Sup. Ct. It. 228, overrules Lawrence vs. Wright, 2 JDxier 673, contra ; How. Hew York Code 1059— GO. It was not necessary to aver or prove actual entry or possession before or since tbe Code. 1 Ohitty PI. 186 — 190 ; Sigler vs. Van Piper, 10 Wend.…
1Opinion of the Court
By the Court.
Atwater J.
This was an action of ejectment brought by the Appellant in the District Court of Washington County, to recover possession of a piece of land in said County. The complaint alleges that prior to and on the 7th day of May, 1858, one William Holcombe was lawfully possessed, and was seized and the owner in fee simple of a certain tract of land in Washington County, (describing the same,) that being so possessed, and the owner of said land, at said time, the said Holcombe and wife, by deed, conveyed the same in fee simple to the Plaintiff, which deed was duly recorded, &c.,…
2Cases cited5 opinions
- Smith v. SwormstedtSupreme Court of the United States · 1854
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Taylor v. BaldwinNew York Supreme Court · 1850
- Jackson ex dem. Whitbeck v. DeyoNew York Supreme Court · 1808
- Phetteplace v. SteereNew York Supreme Court · 1807
3Cited by9 opinions
- School-District No. 73 v. WrabeckSupreme Court of Minnesota · 1883
- Alt v. GraffSupreme Court of Minnesota · 1896
- McHenry v. NygaardSupreme Court of Minnesota · 1898
- Russell v. SchurmierSupreme Court of Minnesota · 1864
- Williams v. MurphySupreme Court of Minnesota · 1875
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