Masten v. . Olcott
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 9, 1883, which directed judgment in favor of plaintiff upon a verdict, and denied a motion for a new trial. This was an action of ejectment, brought to recover possession of a triangular piece of land containing about one acre, situate in Sullivan county. The answer set up a title to the premises in defendant Adelaide Olcott.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 9, 1883, which directed judgment in favor of plaintiff upon a verdict, and denied a motion for a new trial. This was an action of ejectment, brought to recover possession of a triangular piece of land containing about one acre, situate in Sullivan county. The answer set up a title to the premises in defendant Adelaide Olcott. On the trial defendants claimed, among other things, that plaintiff was estopped by reason of a judgment in a partition suit, also a…
1Opinion of the CourtAndrews, J.
The complaint in the partition suit described the premises sought to be partitioned, as being part of the lot “ known as the saw-mill lot,” and following this designation, courses and distances were given, and the description concludes, “ which said premises are known as the old saw-mill lot.” The saw-mill lot, as known and occupied at the time, was separated from the lot on the south, occupied by the plaintiff, by a heavy stone wall, erected in 1820. The premises in controversy comprise about an acre of land in a triangular form, south of, and adjacent to the stone wall, which has been…
2Cases cited8 opinions
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Campbell v. . HallNew York Court of Appeals · 1858
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Clapp v. . McCabeNew York Court of Appeals · 1898
26 more not listed; retrieve them via the Exa API.