Vauth v. Landis
New York Supreme Court
Action of ejectment for the recovery of a strip of land. The controversy is in respect to the boundary of lots 11 and 12. The strip sought to be recovered is seven and one-half inches in width at one end and two and one-half at the other, and thirty feet deep, and takes the westerly side of defendant’s house, which is on lot 12, and which has been built fourteen years. Verdict was directed for the plaintiff.
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Action of ejectment for the recovery of a strip of land. The controversy is in respect to the boundary of lots 11 and 12. The strip sought to be recovered is seven and one-half inches in width at one end and two and one-half at the other, and thirty feet deep, and takes the westerly side of defendant’s house, which is on lot 12, and which has been built fourteen years. Verdict was directed for the plaintiff. Exception was taken to the direction, and defendant asked to go to the jury, first, upon the ground of adverse possession, and upon several other grounds. Refusals were made and…
1Opinion of the CourtHardin, P. J.
In 1856 the defendant purchased the premises occupied by her of one Smith Trowbridge, receiving from him a written contract to sell and convey the premises to her upon payment of the price therein named. :She immediately entered into possession of the premises covered by the contract, and cultivated and fenced the premises, including the disputed piece, claiming that the piece now in dispute was a part of the premises purchased and owned by her. _ August 15, 1865, she received a deed from Smith Trowbridge for the contracted premises. The plaintiff’s premises were acquired through a chain of…
2Cases cited4 opinions
- McCormick v. BarnumNew York Supreme Court · 1833
- Rockwell v. AdamsNew York Supreme Court · 1831
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1871
- Smith v. McallisterNew York Supreme Court · 1852