Doolittle v. Tice
New York Supreme Court
MOTION for a new trial upon exceptions, in a cause tried before Justice Peckham, at the Sullivan circuit, in April, 1863, when the judge ordered a nonsuit and dismissed the complaint. The action was brought against the defendant to recover damages for injuries to real property. The defendant interposed an answer of title to the premises.
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MOTION for a new trial upon exceptions, in a cause tried before Justice Peckham, at the Sullivan circuit, in April, 1863, when the judge ordered a nonsuit and dismissed the complaint. The action was brought against the defendant to recover damages for injuries to real property. The defendant interposed an answer of title to the premises. Upon the trial of the cause the plaintiff proved that in 1837 he took possession, and in connection with one Cudney, who had previously occupied the premises in conjunction with other lands, had the premises surveyed. About ten or twelve acres of land were…
1Opinion of the Court
By the Court, Miller, J.
From the facts elicited upon the trial I incline to the opinion that there was some evidence that the plaintiff claimed to hold the premises in question adversely. Although there is no proof that he claimed title, in so many words, to third parties, yet there are circumstances attending the possession from which it may he fairly inferred that such a claim was actually made by him. He was in possession by himself and by his tenants, keeping up the fences, cutting brush, and mowing the grass. I think these are open and notorious acts, and an unequivocal assertion of…
2Cases cited1 opinion
- Lane v. GouldNew York Supreme Court · 1850
3Cited by12 opinions
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- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of ChristU.S. Circuit Court for the District of Western Missouri · 1894
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
- Storr v. JamesCourt of Appeals of Maryland · 1896
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