Enders v. Sternbergh
New York Court of Appeals
This is an appeal by the defendants from a judgment in favor of the plaintiffs, rendered in an action of ejectment, tried before. Justice Deodatus Weight and a jury, at the Schoharie circuit, in June, 1857. The recovery was for sixty acres of land in Morris and Ooeyman’s patent, lying in the town and county of' Schoharie.
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This is an appeal by the defendants from a judgment in favor of the plaintiffs, rendered in an action of ejectment, tried before. Justice Deodatus Weight and a jury, at the Schoharie circuit, in June, 1857. The recovery was for sixty acres of land in Morris and Ooeyman’s patent, lying in the town and county of' Schoharie. The plaintiffs are children of Catharine and Elizabeth Enders, who were grand-children of Lambert Sternbergh (1st), who died in 1765, and children of his son Adam, who died in 1764. The latter left three children, Lambert (2d), and said Elizabeth and Catharine, and left also…
1Opinion of the CourtHogeboom, J.
The nonsuit was properly refused, irrespective of the question whether the limitation applicable to the case was twenty or twenty-five years. To make the limitation applicable at all on such a motion, there must have been evidence of adverse possession, and that evidence must have been substantially uncontroverted, or so greatly preponderant as to overthrow a verdict rendered in opposition to it. To justify the defense of adverse possession, the possession must appear to have not only been adverse, but continually and uninterruptedly so. (Colvin agt. Burnett, 17 Wend. 55 ; Brant agt. Ogden, 1…
2Cases cited8 opinions
- Riggs v. TayloeSupreme Court of the United States · 1824
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Jackson ex dem. Hunt v. LuquereNew York Supreme Court · 1825
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
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3Cited by3 opinions
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- Bromley v. Mollnar, New York County Courts1942
- Enders v. SternberghNew York Supreme Court · 1867