Jackson ex dem. Starr v. Richmond

New York Supreme Court

Jackson ex dem. Starr v. Richmond

4 Johns. 483

CourtNew York Supreme Court

DecidedAugust 15, 1809

StatusPublished

Cited by5 cases

This text of 4 Johns. 483 (Jackson ex dem. Starr v. Richmond) 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

Jackson ex dem. Starr v. Richmond, 4 Johns. 483 (N.Y. Super. Ct. 1809).

Pincite

Opinion

Per Curiam.

The general rule is, that a person ought not to be made lessor, who has no claim or pretension to a subsisting title or interest in the premises. If any person, v.ho may have once had a title, is to be made lessor, the burthen of deducing a title from him, is taken iron the plaintiff, and thrown on the tenant, which [484]*484would be unreasonable. Potior est tonditio possidentis. If there is a case that ought to be excepted from the general rule, it ought to be clearly and specially stated to the court. The motion must be denied.

Rule refused.

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Per Curiam.

The general rule is, that a person ought not to be made lessor, who has no claim or pretension to a subsisting title or interest in the premises. If any person, v.ho may have once had a title, is to be made lessor, the burthen of deducing a title from him, is taken iron the plaintiff, and thrown on the tenant, which [484]*484would be unreasonable. Potior est tonditio possidentis. If there is a case that ought to be excepted from the general rule, it ought to be clearly and specially stated to the court. The motion must be denied.

Rule refused.

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Bluebook (online)

4 Johns. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-starr-v-richmond-nysupct-1809.

Opinion

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