 | Oliver Lorenzo Barbour - 1858 - 714 páginas
...the respondent. Bowman v. Eaton. By the Court, TR STRONG, J. The first count in the complaint states that the plaintiff was the owner, and entitled to the possession, of the property in question ; that the property came into the possession of the defendant ; and that he wrongfully converted... | |
 | Illinois. Supreme Court - 1868 - 636 páginas
...clearly understand on the question of vindictive damages, they would have a right to regard the fact, that the plaintiff was the owner and entitled to the possession of the property, a fact proven in the case. This last objection applies equally to the instructions in both cases. The... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1866 - 614 páginas
...LINGEBMAN. GENERAL ISSUE — PBOOF ONDEB, IN REAL ACTION. — A complaint for the possession of real estate alleged that the plaintiff was the owner and entitled to the possession of the land, and wag kept out of possession thereof by the defendant. Answer, a general denial. Held,... | |
 | California - 1872 - 892 páginas
...plaintiff was the owner and in possession of the property," is not traversed by an answer which denies that the "plaintiff was the owner and entitled to the possession of the property." Nor is the averment that the "defendant wrongfully took the property from plaintiff's possession, and... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875 - 678 páginas
...TTOS the ownership of the property in question. A verdict for the plaintiff was, in effect, a finding that the plaintiff was the owner and entitled to the possession of the property ; but there should have been a finding as to the damages sustained by the detention of it. The court... | |
 | John Norton Pomeroy - 1876 - 908 páginas
...wrongfully." 1 Tryon v. Baker, 7 Lans. 611, 614. « Trull v. Granger, 8 NY 116. On the other hand, when a complaint alleged that the plaintiff was the owner and entitled to the possession of certain premises, that the defendant took possession thereof under a void deed, and leased them,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1907 - 548 páginas
...Fourth judicial district court was •without jurisdiction to foreclose the mortgage, and that Snyder was the owner and entitled to the possession of the property in controversy. Pike has appealed to this court. McCARTY, J., after making the foregoing statement of the case, delivered... | |
 | Henry Ward Wells - 1880 - 598 páginas
...fact to be shown, and that this plea is proper.8 § 709. The same. Illustrations. In Indiana, where the complaint alleged that the plaintiff was the owner, and entitled to the possession of the property " which the defendant lias possession of without right, and unlawfully detained from the plaintiff,"... | |
 | United States. Circuit Court (2nd Circuit) - 1881 - 638 páginas
.../fr^., 431; ffarvey v. Brydges, 14 J/. ifc IF., 437; Meriton v. Coomles, 9 <7. ./?., 787.) If Hoyt was the owner, and entitled to the possession, of the property in question, at the time of the plaintiffs dispossession, the plaintiff could not recover against Hoyt.... | |
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The complaint alleged that the plaintiff was the owner and entitled to the possession of the lots, and that defendant was In possession thereof, claiming some interest or estate therein. 
