Dominy v. Miller
New York Supreme Court
THIS was an action to recover the possession of real estate situate in the county of Suffolk. The action was tried at the Suffolk circuit, in June, 1860, before Justice Emott and a jury. A verdict was taken for the plaintiff, for the premises in fee, subject to the opinion of the court at general term, on a case. The opinion of the court contains a statement of all the material facts.
1Opinion of the Court
By the Court,
Brown, J.
The plaintiff must fail to recover in this action, I think, upon two grounds : First, the failure to show any title in himself; and second, the adverse possession of the defendant and those under whom he-claims.
The lands sought to be recovered are two small tracts situate in the town of East Hampton in the county of Suffolk, and said to constitute what was formerly part of a public highway running from the east corner of John Merry’s house lot to the three-mile harbor, laid out May 16th, 1700. The commissioners of highways of the town, on the 24th June, 1737, reduced the…
2Cases cited1 opinion
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
3Cited by5 opinions
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- Roberts v. BaumgartenThe Superior Court of New York City · 1885