Higginbotham v. Stoddard
New York Supreme Court
MotioN for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict directed in favor of the plaintiffs, The action was in ejectment.
Read the full summary
MotioN for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict directed in favor of the plaintiffs, The action was in ejectment. It was commenced in July, 1873, to recover the possession of a strip of land in the village of Oneida, Madison county, described in the complaint as “ bounded on the east by Market alley in said village, on the south by the now existing water line of the milL-race, on the west by the easterly line of lands belonging to the State of New York, and on the north by land of the said defendant; being a strip of land…
1Opinion of the Court
Bocees, J.:
After careful study of this case I am led to the conclusion, that the construction given to the defendant’s deed by the learned judge at the Circuit was correct. He held that the defendant’s title extended southerly from the south line of Madison street 100 feet, and no more ; under which ruling the plaintiff was entitled, according to the proof, to the strip of land south thereof, as claimed in the complaint. This ruling was based on the language and legal import of the description contained in the defendant’s deed. The deed bore date March 7, 1864, and purported to convey to the…
2Cases cited5 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Wilson v. InloesCourt of Appeals of Maryland · 1847
- B., N.Y. E.R.R. Co. v. . StigelerNew York Court of Appeals · 1874
- Hallas v. BellNew York Supreme Court · 1869
- Seaman v. HogeboomNew York Supreme Court · 1855