Langendyck v. Burhans
New York Supreme Court
THIS was an action of trespass for the mesne profits of two undivided thirds of one undivided fourth of a farm, in Catskill, in the county of Greene. The cause was tried at the Greene circuit, in September, 1813, before the late Chief Justice.
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THIS was an action of trespass for the mesne profits of two undivided thirds of one undivided fourth of a farm, in Catskill, in the county of Greene. The cause was tried at the Greene circuit, in September, 1813, before the late Chief Justice. A judgment in ejectment, recovered by James Jackson, on the demise of the plaintiffs in this suit, by default, against John Stiles, for two undivided thirds of one undivided fourth of the above-mentioned premises, an habere facias possessionem issued thereon, and the sheriff’s return thereto, that he had caused'the plaintiff to have possession of his…
1Opinion of the CourtSpencer, J.
The defendant has misconceived his defence. If a tenant in common, who has not ousted his co-tenant, is sued in ejectment, all the cases agree that he may enter into the consent rule specially, when he does not dispute the title. (7 Mod. 39. 3 Burr. 1897.)
It is well settled, that where the appearance is for part, the plaintiff may sign judgment against the casual ejector for the residue. (2 Sellon, 104. 108.) Here the defendant defended only for the three fourths and one third of a fourth of the premises ; consequently, for two thirds of one fourth there was no defence, and the plaintiff had…
2Cited by1 opinion
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