Pope v. . Hanmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 8 Hun, 265.) The nature of the action and the facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 8 Hun, 265.) The nature of the action and the facts are sufficiently set forth in the opinion. No such possession was in plaintiff as would entitle him to maintain this action, because defendant was in possession of the locus in quo under a fair color of title. (Campbell v. Arnold, 1 J. R., 511; Toby v. Webster, 3 id., 468; Dunhorn v. 8tuyvesant, 11 id.,…
1Opinion of the Court
Church, Ch. J.
This is an action of trespass, originally commenced in a justices’ court, and transferred by the inter-' position of a plea of title by the defendant. The plaintiff and defendant own and occupy adjoining farms in the town of Reading, Steuben county.
The south line of the defendant’s farm, and the north line of the plaintiff’s farm, was the lot line between lots 3 and 4, and was so recognized and described in their respective deeds, a A rail fence had been built running east and west through the woods, which the plaintiff claims was some distance south of the true line, and the…
2Cases cited4 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Doolittle v. TiceNew York Supreme Court · 1863
- Robinson v. PhillipsNew York Supreme Court · 1873
3Cited by21 opinions
- Smith v. ReichNew York Supreme Court · 1894
- Sullivan v. GrovesSouth Dakota Supreme Court · 1919
- Brainin v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Cameron Estates, Inc. v. DeeringAppellate Division of the Supreme Court of the State of New York · 1953
- Patterson v. StephensonSupreme Court of Missouri · 1883
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