ADRIANCE v. SANDERS

ADRIANCE v. SANDERS. N. Y. Superior Court; Special Term., November, 1882. Discovert and Inspection.—Order against Nominal Plaintiff in Ejectment. A grantor, in whose name ejectment is prosecuted by his grantee under Code Oiv. Pro. § 1501, is not a party to the action who may be compelled to produce books and papers under section 803. Petition by defendant, Joshua C. Sanders, to compel Margaret E. Adriance to produce and discover certain books and documents. The action was ejectment to recover the possession of certain lands in the city of New York, and was prosecuted in the name of said Margaret E. Adriance, as grantor of Charles F. Willis, the real party in interest. Townsend & Mahan, for motion. William Settle, opposed. [MAJORITY — Truax, J.] Truax, J. The party prosecuting a civil action is styled the plaintiff (Code Civ. Pro. § 3338). This action is maintained (or prosecuted) by the grantee, in the name of the grantor, as provided in section 1501 of the Code of Civil Procedure. Therefore, the grantee, and not the grantor, is the real plaintiff. The court may compel a party to the action to produce any books, &c., in his possession, but has no power to compel a person not a party to produce such books, &c., under section 803 of the Code of Civil Procedure, (See, also, Hale v. Rogers, 22 Hun, 19 ; Elmore v. Hyde, 2 Abb. N. C. 129, 133 ; Strong, v. Strong, 3 Robt., 675). The motion is denied, with $10 costs.