Barnes v. . Light
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1886, which affirmed a judgment in favor of the defendant, entered upon a verdict directed by the court. This is an action of ejectment brought to recover the possession of certain premises in the town of Pittsford, county of Monroe. The answer is, in substance, a general denial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1886, which affirmed a judgment in favor of the defendant, entered upon a verdict directed by the court. This is an action of ejectment brought to recover the possession of certain premises in the town of Pittsford, county of Monroe. The answer is, in substance, a general denial. The defendant’s farm, of about sixty-eight acres, lies directly east of a portion of plaintiff’s farm, of one hundred acres. The land in controversy, embracing about…
1Opinion of the CourtYann, J.
The land in question is not covered by any deed in plaintiff’s chain of title, but he founds his right to recover (1) upon adverse possession, and (2) upon a practical location of the boundary line between his farm and that of the defendant. Unless there wras enough evidence to authorize the jury to find for the plaintiff upon one of these questions, the trial court was right in directing a verdict for the defendant. An action of ejectment, founded only upon adverse possession, can be maintained even against the true owner. (Cahill v. Palmer, 45 N. Y. 479; Millard v. McMullin, 68 id. 345 ;…
2Cases cited1 opinion
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by48 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Monnot v. . MurphyNew York Court of Appeals · 1913
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Gurnsey v. Antelope Creek & Red Bluff Water Co.California Court of Appeal · 1907
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