Property · MBE-tested
Jackson, ex dem. Brinckerhoff, against Stiles, Miller, tenant
6 Cow. 594·New York Supreme Court·1827·NY
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Opinion
Jackson, ex dem. Brinckerhoff, against Stiles, Miller, tenant.
ALBANY,
Feb. 1827.
Ejectment. Motion that J. ⅜ T. Spafford be receiv-to defend as landlords, on an affidavit of the defendant’s attorney, that Miller, the tenant, “ claims no interest in 1 1 the premises in question, otherwise than as tenant to the Spaffords.
The affidavit on that^the tod-lord defend in ejectment, should shew landlord and tenant. That the tenant claims no interest except as tenant to &e landlord, ⅛ not sufficient.
p. Vide, for the motion, '
S. Ross, contra,
[MAJORITY — Curia.]
Curia.
The affidavit is insufficient. It should shew the relation of landlord and tenant. This does not follow from the mere circumstance that the tenant claims no interest except as tenant to the Spaffords.
Motion denied,