¶1Ordered, that the landlord be allowed to come in and defend separately and alone. That if plaintiff obtained judgment against Steen, proceedings thereon to be stayed, until the determination of the suit between plaintiff and Garret C. Newkirk, and that all proceedings on the part of the plaintiff against Garret C. Newkirk be stayed until the costs of the former suit were paid, and that on the trial of the cause, Garret C. Newkirk admit that he was in possession of the premises at the time this suit was commenced.
2 How. Pr. 274
Newkirk v. Steen
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion on the part of Garret 0. Newkirk for leave to come in and defend an action of ejectment in the place of defendant, Steen. Plaintiff brought ejectment for a dower right against defendant for one-third of 150 acres of land. Defendant was tenant to Garret C. Newkirk, and *was in possession of all the premises in question except about twenty acres, which was in possession of Garret 0. New-kirk. Plaintiff had previously brought ejectment against Garret 0.
Decided 1846-09-15