Legal Opinion

Burrows v. Webster

New York Supreme Court

Decided January 18, 1893Published

Appeal from judgment on report of referee. Ejectment by David E. Burrows against Henry Webster. From a judgment for plaintiff, defendant appeals. Reversed.

1Opinion of the CourtDwight, P. J.

The action was ejectment for a strip of land 75 feet long and 13 feet wide, lying adjacent to the boundary line between the lots of the two parties in the village of Olean. The controversy is whether it lies on the one side or the other of that line. Both parties took their deeds from the same grantors,—the plaintiff in 1886, and the defendant in 1887. By the description in the plaintiff’s deed the east line of his lot is in the west line of Union street, and his lot extends to the west therefrom, .125 feet, and is 75 feet wide. The description in the defendant’s deed makes no reference to…

2Cases cited6 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
  3. Root v. StuyvesantNew York Supreme Court · 1837
  4. Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  5. Burt v. . BurtNew York Court of Appeals · 1869

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