Russell v. . Conn
New York Court of Appeals
Appeal from the Supreme Court. Ej ectment for a part of lot Mo. 25, in a tract of land know as Legg’s patent, in Essex county.
Read the full summary
Appeal from the Supreme Court. Ej ectment for a part of lot Mo. 25, in a tract of land know as Legg’s patent, in Essex county. On the trial before the late Mr. Justice Galt, the plaintiff’s evidence shewed the defendant in possession of a part of lot Mo. 25, differing from that described in the complaint, in that it was hounded on the west by land in the possession of one Boot, instead of being thus bounded on the east and on the west by lot Mo. 26, as described in the complaint. The plaintiff then proposed to amend the complaint by describing the ■ land as being the east part of lot Mo. 25,…
1Opinion of the CourtSelden, J.
If the judge was right in assuming that this was a case where the cause of action was unproved in its entire scope and meaning, within the provision of section 170 of the Code, he was of course right in refusing to permit the plaintiff to amend, and in ordering him to be - nonsuited. But was this -such a case ? The complaint described a strip of land upon the west side of lot Ho. 25, in Legg’s patent, bounded north by Lot Ho. 21; south by the south line of the patent; east by part of the same lot, owned by Lucius - A. Foot, and west by lot Ho. 24, alleging this land to be in the possession of…
2Cited by16 opinions
- United States Ex Rel. Thurmond v. MancusiDistrict Court, E.D. New York · 1967
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
- Smith v. DragertWisconsin Supreme Court · 1884
- Foote v. . People of the State of N.Y.New York Court of Appeals · 1874
11 more not listed; retrieve them via the Exa API.