4 N.Y.S. 628
The Superior Court of the City of New York and Buffalo
Decided March 15, 1889
The Superior Court of the City of New York and Buffalo · decided 1889-03-15
Action of ejectment by Morgan Jones and others, as heirs of John Jones, deceased, against Joseph H. Hawes and others, and Adelaide Jones, to recover land held by the defendants, except Adelaide Jones, adversely to plaintiffs. Plaintiffs sued as the heirs of John Jones, deceased, for the benefit of Morgan Jones, to whom the deceased had conveyed the land.
Decided 1889-03-15
¶1I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant. They were not irrelevant to the position taken by the defendant, either as a defense or by way of counter-claim. Her position may not have been correct. That could not be determined against her, on the motion to strike out matter as irrelevant. The order should be affirmed, with costs.
¶2Truax, J., concurred.