Property · MBE-tested

Jackson, ex dem. Everest and others, against Stiles, Soper, tenant

6 Cow. 597·New York Supreme Court·1827·NY

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Opinion

Jackson, ex dem. Everest and others, against Stiles, Soper, tenant. ALBANY, Feb. 1827. Ejectment. Motion (among other things) to set aside the declaration, on the ground that it was entitled of February term, 1827, the term at which it was returnable. It was served on the tenant, with the notice from the casual ejector, on the 15⅛ of February, 1827, several days before the term commenced. The title to a declaration in ejectment is mere form, and good,tho’ of a term after its service. So, though it be without any title at all. H. Bleeckesr, for the motion. W. Swetland, contra, cited, 1 Chit. PI. 265; Dunl. Pr. 998,9; Adams on Eject. 185. [MAJORITY — Curia.] Curia. The motion must be denied. The entitling of a declaration in ejectment is a mere matter of form; and it is good without any title at all. (Adams on Eject. 185.) Motion denied,