Denning v. Corwin

New York Supreme Court

Denning v. Corwin

4 Wend. 208

CourtNew York Supreme Court

DecidedMay 15, 1830

StatusPublished

Cited by1 cases

This text of 4 Wend. 208 (Denning v. Corwin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Denning v. Corwin, 4 Wend. 208 (N.Y. Super. Ct. 1830).

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Opinion

By the Court,

Sutherland, J.

This is a case in which notice should have been given to the defendants, so that they might have been heard. The plaintiff claims only an undivided third of the lot; the defendants therefore may be tenants in common with him, and if so, have the right, until a partition, to the enjoyment of the property. They are not trespassers, and cannot be treated as such by the court. The motion is denied.

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By the Court,

Sutherland, J.

This is a case in which notice should have been given to the defendants, so that they might have been heard. The plaintiff claims only an undivided third of the lot; the defendants therefore may be tenants in common with him, and if so, have the right, until a partition, to the enjoyment of the property. They are not trespassers, and cannot be treated as such by the court. The motion is denied.

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Bluebook (online)

4 Wend. 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denning-v-corwin-nysupct-1830.

Opinion

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