Ford v. Sampson
New York Supreme Court
Motion to turn a verdict for defendant into a verdict for plaintiff. This action was brought by the plaintiff, who owned and occupied a lot of ground in Brooklyn, to recover from the defendant, who owned and occupied the adjoining lot, a gore or strip which the plaintiff claimed to belong to him, but which, by reason of the division fence being deflected from the ti-ue boundary, as plaintiff alleged, was in possession of the defendant.
Read the full summary
Motion to turn a verdict for defendant into a verdict for plaintiff. This action was brought by the plaintiff, who owned and occupied a lot of ground in Brooklyn, to recover from the defendant, who owned and occupied the adjoining lot, a gore or strip which the plaintiff claimed to belong to him, but which, by reason of the division fence being deflected from the ti-ue boundary, as plaintiff alleged, was in possession of the defendant. The complaint alleged seizin and right of possession in the plaintiff to the lot described, including the gore in question, and that the defendant, at the time…
1Opinion of the Court
By the Court.—Brown, J.
The parties to this action are owners of separate lots of ground adjoining, and upon the west side of Columbia-street in the city of Brooklyn, and this action is brought to recover a small gore of land, six inches wide in the rear, and running out to a point thirty-five feet easterly from the rear of the lots, and which the plaintiff claims is included within the lines of his lot, and is now in the possession of the defendant.
The proof shows that the gore of land in controversy is within the defendant’s inclosure, and on his side of the division fence. George S. Howland…
2Cited by2 opinions
- Ten Eyck v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1900
- Burlew v. HunterAppellate Division of the Supreme Court of the State of New York · 1899