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Cases cited for the legal proposition you have searched for.

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1

...same month, the Parrinos' attorney wrote a letter to Ayers stating that he had been retained to sue for ejectment and damages if the fence "you or your agents" erected on the Parrinos' land was not removed within ten days. Receiving no reply, the Parrinos filed, on June 8, 1982, an action for ejectment and trespass against..." justified the Parrinos' 1982 action for ejectment and trespass against Ayers. We cannot agree. The Parrinos had no cause of action against Ayers unless Ayers or his agents..., complaining that the Parrinos' fence encroached "on his [Ayers'] property." In May, 1982, the Parrinos' fence was knocked down and a new one put up on property allegedly belonging to the Parrinos. In that...


Court: District Court of Appeal of Florida, Fifth District.
Date: Jun 3, 1985 Cited By: 6 Coram: 1
2

...supports the verdict. County Court directed a verdict on liability in the causes of action alleging ejectment and trespass. A third cause of action for breach of the warranty of...for trespass, $5,000 as punitive damages and $250 for breach of the warranty of habitability. The court, pursuant to RPAPL 853, trebled the damages for ejectment and pain and suffering...reckless behavior or were malicious so as to justify the imposition of punitive damages. The jury awarded plaintiff $300 for ejectment, $1,000 for pain and suffering, aggravation and mental distress, $200...


Court: Appellate Division of the Supreme Court of New York, Third Department.
Date: Mar 26, 1987 Cited By: 13 Coram: 1
3

...are intended to confer upon the Superior Court jurisdiction of actions, such as actions of ejectment and trespass, specially adapted for the purpose of trying the title to land; and the Superior Court.... APPEAL from an order and decree of the Court of Probate for the District of Danbury distributing the estate of Peter T. Currie of Danbury, deceased, to the defendant Woodin as the sole heir at law of...said decedent, taken by the plaintiffs to the Superior Court in Fairfield County and tried by the court, Curtis, J., after the plaintiffs' motion for a jury trial had been denied; facts found...


Court: Supreme Court of Connecticut Third Judicial District, Bridgeport, October Term, 1915.
Date: Dec 17, 1915 Cited By: 68 Coram: 1
4

.... The remaining counts were for injunctive relief, for ejectment, and trespass. After a bench trial, the court entered a judgment vesting title in Plaintiff to the east 40 feet of the...vacated street. The judgment also granted injunctive relief to both parties, gave each party an easement over the other party's property, and denied relief to Defendants for ejectment and trespass. Significantly... MAIN STREET FEEDS, INC., Plaintiff-Respondent, vs. VIGA HALL AND JANE HALL, Defendants-Appellants. No. 21148. Missouri...


Court: Missouri Court of Appeals, Southern District.
Date: May 2, 1997 Cited By: 5 Coram: 1
5

...of Saint Catherine Church and St. Jude Church v. The Mountaintop Area Sanitary Authority, No. 879-C-1980. Complaint in trespass and ejectment in the Court of Common Pleas of...Church appeal from the order of the Court of Common Pleas of Luzerne County which dismissed their complaints in ejectment and trespass against...damages, and that trespass and ejectment should lie to permit the abatement of the alleged unlawful entry and ouster of the authority...


Court: Commonwealth Court of Pennsylvania.
Date: Apr 1, 1981 Cited By: 12 Coram: 1
6

...Holder. Once the 18-year period has passed, all remedies, including those for quiet title, ejectment and trespass may be utilized by the adverse possessor even against the record title holder...-7-1(1). Once the 18-year period has passed, all remedies, including those for quiet title, ejectment and trespass may be utilized even against the record title holder. C.R.S. 1963, 118-7-13...trespass and mental anguish and also for an injunction to order removal of underground sewer line constructed across her land. By pretrial order, trial court converted injunction phase of case into an...


Court: Supreme Court of Colorado. En Banc.
Date: May 21, 1973 Cited By: 8 Coram: 1
7

..., 1949. PRESENT: Flynn, C.J., Capotosto, Baker, Condon and O'Connell, JJ. TRESPASS AND EJECTMENT to...defendants encroached on premises leased by plaintiff. Held, that whether to pursue legal remedy in trespass and ejectment or commence suit in equity to enjoin continuing trespass or nuisance was a...matter of election for plaintiff's consideration and not one of defense to action in trespass and ejectment. G.L. 1938, c. 435, § 10; c. 538, § 12. 3. EJECTMENT. Encroachment of...


Court: Supreme Court of Rhode Island.
Date: Aug 18, 1949 Cited By: 5 Coram: 1
8

..., plaintiff's owners commenced an action seeking ejectment and recovery of damages for trespass. Defendant asserted a counterclaim for declaratory judgment that defendant had acquired title to the disputed.... In March 2021, plaintiff commenced the instant action repleading its causes of action for ejectment and trespass while seeking the same relief initially sought. Defendant moved for summary...motion for summary judgment dismissing plaintiff's cause of action for trespass and on its counterclaim for a judgment declaring that it has obtained adverse possession of the disputed property, and to...


Court: Supreme Court of New York, First Department
Date: Feb 21, 2023 Cited By: 1 Coram: 1
9

..., appealable order. On January 14, 2011, appellants filed a complaint for ejectment and trespass against appellees Leslie Jackson and Karen Jackson, who were in possession of a three... , Judge Appellants Ida King and Kenneth Caldwell appeal from the Pulaski County Circuit Court's dismissal of their claim for ejectment. We dismiss for lack of a final...complaint is one for ejectment" and that appellants had failed to prove entitlement to that relief. Whether an order is final and...


Court: ARKANSAS COURT OF APPEALS DIVISION IV
Date: Apr 24, 2013 Cited By: 2 Coram: 1
10

...ejectment and trespass. The Pulaski County Circuit Court dismissed appellants' claim for ejectment but did not address their claim for trespass. In King... IDA KING and KENNETH CALDWELL APPELLANTS v. LESLIE JACKSON and KAREN JACKSON APPELLEES Johnson & Vines, PLLC, by: James "Chris..." McNeal and J. Andrew Vines, for appellants. Law Office of Jeffrey Weber, PLLC, by: Jeffrey Weber, for appellees...


Court: ARKANSAS COURT OF APPEALS DIVISION II
Date: Sep 24, 2014 Cited By: 4 Coram: 1
11

...from his property. In 2015, plaintiff amended his complaint to add causes of action to quiet title, for ejectment and for trespass and increased the number of trees alleged to have been cut to 700.... Thereafter, plaintiff moved for partial summary judgment on the quiet title, ejectment and trespass claims, and defendant cross-moved for summary judgment dismissing plaintiff's cause of action to quiet.... Egan Jr., J.P. Before: , Clark, Devine, Aarons and Pritzker, JJ...


Court: Appellate Division of the Supreme Court of the State of New York
Date: Oct 24, 2019 Cited By: 4 Coram: 1
12

...condominium assessments, Desulme ultimately sued the receiver, tenant, association, and management company for forcible entry, unlawful detainer, ejectment, and trespass. Among other things, she seeks.... Edwidge Marie Desulme, in proper person. Law Offices of Douglas J. Jeffrey, P.A., and Douglas J. Jeffrey; American Justice, P.A., and Theresa B. Edwards (Fort Lauderdale...Offices of Douglas J. Jeffrey, P.A., and Douglas J. Jeffrey; American Justice, P.A., and Theresa B. Edwards (Fort Lauderdale), for appellee Miguel Rueda. Before ROTHENBERG, C.J., and LOGUE and SCALES, JJ...


Court: Third District Court of Appeal State of Florida
Date: Jul 11, 2018 Cited By: 2 Coram: 1
13

.... SEYMOUR, Chief Judge. The United States brought this trespass and ejectment action, on its own behalf and as trustee for Mr. Reuben Mariano...the land. In 1992, the United States filed this trespass and ejectment action on behalf of Mr. Mariano in district court. In a carefully reasoned opinion, the district...bring this action under federal statute, but rather, under common law theories of trespass and ejectment." Tsosie, 849 F. Supp. at 773...


Court: United States Court of Appeals, Tenth Circuit.
Date: Aug 9, 1996 Cited By: 52 Coram: 1
14

...the property. They also sought equitable relief in the form of ejectment and damages for trespass. Appellant City of Fifty Lakes brought a motion to dismiss the complaint for failure to state a claim.... We turn next to the City's argument that the statute of limitations bars the landowners' claims for ejectment and trespass. A. Ejectment...court of appeals decision that the respondents' ejectment claim is not barred by the limitations period set forth in Minn.Stat. § 541.02, and remand this claim to the district court for further...


Court: Supreme Court of Minnesota.
Date: Jan 17, 2008 Cited By: 153
15

...actions including "any trespass" except trespass and ejectment and trespass quare clausum fregit in which title to the close was in dispute shall not be entitled to apply to take the oath under...trespass" except trespass and ejectment and trespass quare clausum fregit in which title to the close was in dispute, shall not be entitled to apply to take the oath under the provisions of...as immediate and direct, warranting an action in trespass, if the wrongful act causing the death was immediate and direct...


Court: Supreme Court of Rhode Island.
Date: Jul 7, 1927 Cited By: 6 Coram: 1
16

..., 35 P.S. §§ 691.1 –691.1001. On November 6, 2012, the Kushers filed a complaint in ejectment and trespass against the Woloschuks and James Excavation, alleging that...DEP as a party. (S.R.R. at 1b–2b.) On February 22, 2013, the Kushers filed an amended complaint in ejectment and trespass with DEP joined as a party...Excavation's motions to dismiss the motion for special relief but permitted the ejectment and trespass action to continue. (R.R. at 30, ¶ 21.) On September 11, 2013, DEP filed...


Court: Commonwealth Court of Pennsylvania.
Date: May 14, 2015 Cited By: 0 Coram: 1
17

...Law, Act of June 22, 1937, P.L.1987, as amended, 35 P.S. §§ 691.1–691.1001. On November 6, 2012, the Kushers filed a complaint in ejectment and trespass against the...issued an order directing the Kushers to join DEP as a party. (S.R.R. at 1b–2b.) On February 22, 2013, the Kushers filed an amended complaint in ejectment and trespass with DEP joined as a party...granted the Woloschuks' and James Excavation's motions to dismiss the motion for special relief but permitted the ejectment and trespass action to continue. (R.R. at 30, ¶ 21...


Court: Commonwealth Court of Pennsylvania.
Date: May 14, 2015 Cited By: 0 Coram: 1
18

...Law, Act of June 22, 1937, P.L.1987, as amended, 35 P.S. §§ 691.1–691.1001. On November 6, 2012, the Kushers filed a complaint in ejectment and trespass against the...issued an order directing the Kushers to join DEP as a party. (S.R.R. at 1b–2b.) On February 22, 2013, the Kushers filed an amended complaint in ejectment and trespass with DEP joined as a party...granted the Woloschuks' and James Excavation's motions to dismiss the motion for special relief but permitted the ejectment and trespass action to continue. (R.R. at 30, ¶ 21...


Court: Commonwealth Court of Pennsylvania.
Date: Apr 13, 2015 Cited By: 0 Coram: 1
19

..., Supreme Court granted plaintiff leave to serve and file an amended complaint. In his amended complaint, plaintiff added causes of action to quiet title, for ejectment and for intentional trespass and...increased the number of trees alleged to have been unlawfully cut to 700. Thereafter, plaintiff moved for partial summary judgment on his causes of action to quiet title, ejectment and trespass—limited.... Before: McCARTHY, J.P., EGAN JR., LYNCH, ROSE and MULVEY, JJ. McCARTHY, J.P. Appeal from an order of the Supreme Court (Ellis, J.), entered April 2...


Court: Supreme Court, Appellate Division, Third Department, New York.
Date: Jul 20, 2017 Cited By: 2 Coram: 1
20

...se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought by the government. We have...not bar the United States from filing this ejectment and trespass suit. See, e.g., Heckler v. Chaney, 470 U.S. 821...to the United States. Reviewed de novo, the district court's ejectment and damages decisions were proper, as the government showed there was no genuine dispute as to any material fact and entitlement...


Court: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Date: Sep 4, 2015 Cited By: 0

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