Ely v. Ballantine
7 Wend. 470 | N.Y. Sup. Ct. | 1831
By the Court,
The counts moved to be stricken out may be necessary to enable the plaintiff to recover, and must be retained. If not retained, the recovery may be defeated by shewing a conveyance out of Ely, the plaintiff named in the first count; and although there cannot be a re