Lewis v. Idones

In an action to recover possession of real property and for damages for the withholding of same, defendant appeals from a judgment in favor of plaintiffs and dismissing his counterclaim. Plaintiffs appeal from so much of the judgment as adjudicates that they are not entitled to the “ judgment of ejection prayed for in the complaint ” and fails to direct damages in their favor. The action, instituted in 1949, is based upon an alleged encroachment of the northerly wall of defendant’s building on the southerly portion of plaintiffs’ property. Defendant’s counterclaim for damages is predicated…