Jones v. . Smith
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 defendant, entered upon an order nonsuiting plaintiff, on trial at circuit. (Reported below, 3 Hun, 351; 5 T. & 0., 490.) This action was ejectment, brought originally by David H. Jones, to recover a strip of land claimed by each party (they being adjoining owners) to belong to his farm.
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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 defendant, entered upon an order nonsuiting plaintiff, on trial at circuit. (Reported below, 3 Hun, 351; 5 T. & 0., 490.) This action was ejectment, brought originally by David H. Jones, to recover a strip of land claimed by each party (they being adjoining owners) to belong to his farm. The question was simply as to the location of the boundary line. The original plaintiff having died after judgment, the present plaintiffs, his heirs at law and administrators, were…
1Opinion of the CourtRapallo, J.
The old fence which the appellants claim to be the easterly boundary of their farm, was erected in the year 1812 by one George Throop, who was then in possession of the farm. This farm was known as the “ Cross-lot.” Throop cultivated the land up to this fence. The evidence shows that he erected the fence for the purpose of protecting a crop of wheat which he had planted upon the land now in controversy; and that from the.time of the erection of the -fence, in 1812, up to the time of the entry by the defendant, in 1866, this land continued in the actual possession of Throop and his grantees as…
2Cited by4 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Jones v. . SmithNew York Court of Appeals · 1878
- Ausable Co. v. HargravesNew York Supreme Court · 1888
- Stevens v. Mayor of New YorkThe Superior Court of New York City · 1880