The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-29
supreme Comrt--Specsai Tar,n.


SEPT u --.9BgGn0a ps. b3ott.wS and others =.
Under the old law, revised in 1873, proceedings
by foroiblo entry were allowed to bo brought. not
only by such as had estates of eehold but also by
tenants for years, and guardians II. H., lSlS,
p w, ". 8 / Under that Law IN Indictment for
foroiblo entry, found before JUSTICE was ousshed
by tho Supreme Court boosuss it did not show Cd at
the complainant had any such estate ana the Court
Reid that whDa the defendant could not 20 into
affirmative proof to show bettsr title IN himself
he might o1ntroyert the taots by which the rolator
attempted to make out his estate, aud might show
that he hrs not suoh al estate as would euabls lin
TO maintain the prosecution. Ia other words, tho
plaintiff is to pro, his title alleged or some title
TO the possession, an1 the defendant may diaprovc
that title any other way than by sho wing better
title in the defendant or another. l3 j. 3a0
People OK 70 BrinckcyhoG, vs., Nelson.l The Re-
yised Statutes require the complaint to allege not
OILY the torcibie entry detaiDcr. but also that
the complainant has an estate Of freehold. or for
term Of years, in the premises then subssiing, or
some ether right III the possession thereof stating
the same. II II. S., sos, sec. 3 A jury is then
to be empannelled to inquire into the matters CON-
planned Of lib. sec 5 This would include both
the form and the title, as alleged And that the
jury is to inquire into the forcible entry or
holding complained Of [Ib.l That foroibIo en-
Try or holding complained Of was against ono
having certain title, which is to DO stated
in the complaint, and 80 includes that title
Then, If the jury. BY their inqutring, find "that
foroib!e entry was made ne aforesed5' or tho for
chile detautr "a aforesaid, tho defendants may
traverse the finding, lseo 81 These words, las
Aforesaid, refer again to the force alleged in the
complaint. which ia against one having certain
kind OF title; so that the inquistion now as under
the old law, should find that the complainant had
title or "'iglt 70 the possesaon, stating the
sumc," as The complaint must alege, jseo 81 or
the iCquisition viii De bad al il would DO under
the old law. Nor does il make any difference that
the Revised Statutes declare that I" no entry shall
be made lst9 any lands or other POSSESSIONS, but
10 osse ,siierc entry is gwen by law, and in such
esse only y pcaceablo Manner" Sc rem. S.
I'll, sec ! The same words ara contained sub.
dauiiay tire law Of 1878, sec / uuder which
tee inoic mtUt vas u0.hed. because Ii did not
state tie realtors lie 10 laint here alleges
titc - Zee and rsut t. stp Joss. s-iou, hu5 tho
ipq0isit on dooa not fpd either tDo orc Or the
otaer, but oHly The forctble entry ana the p.acsaba
osSes<icn Of the com laiuans, and unlasrel ex
lusion q tho complainant: il nowhere finds in the
eonpair9Ht any right TO the possession or any
ohef title 10 the lands; ard If the Jury cannot iud
such iEht OF title, the complainant is not entitled
to thc summary Ielef, any more than he is when
he has better title than the defendant. but the
defcndSnt Eas beeu guilty Of no force. fSee also
IL Weld 1851, People ys. Reed The motion TO
queSh tho inquisiEoI s granted, without costs aud
with leave 20 have the motion reargued at The
genera! tefns II the complainant desires il