New York Court of Appeals

John C. Lattin, Appellant v. Michael McCarty, Respondent, Impleaded With David L. Stanford, Nelson Fitch and…

September 24, 186941 N.Y. 107

Summary

The New York Court of Appeals reversed the lower courts' demurrer, holding that the plaintiff's complaint containing both an action to set aside a fraudulent deed and an action for possession constitutes a single cause of action and may be joined in one suit under the Code of Procedure.