Carpenter v. Ottley
New York Supreme Court
This was an appeal from a judgment entered on the report of a referee. The action was brought to recover damages for an alleged trespass upon the plaintiff’s premises.
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This was an appeal from a judgment entered on the report of a referee. The action was brought to recover damages for an alleged trespass upon the plaintiff’s premises. On the trial certain evidence was admitted under objection by the plaintiff and her exception, to show an agreement, on the part of the plaintiff’s agent, who negotiated the purchase of the land in question and conveyance to her, after completion of the contract of sale, and at the time of the conveyance mentioned in the referee’s report, to allow an entry upon the land, for the purpose of a removal of the timber therefrom. The…
1Opinion of the Court
By the Court
Johnson, J.
It is settled, upon abundant authority, that a defendant, under section 150 of the Code, may set up an equitable defence to an action in the nature of a legal action, and defeat such action thereby, if he can establish such defence. (Dobson v. Pearce, 12 N. Y. R., 156; Crary v. Goodman, id., 266; Phillips v. Gorham, 17 id., 270.)
A recovery of property or the value thereof by a plaintiff who has the mere legal title, will not be allowed against a defendant who has the equitable title to such property, and who might in an action against the plaintiff, to compel a specific…
2Cited by8 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Morrill v. CooperNew York Supreme Court · 1873
- Brown v. MilesNew York Supreme Court · 1891
- Dunham v. SageNew York Supreme Court · 1871
- Chaflin v. GantzNew York Supreme Court · 1896
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