Danihee v. Hyatt
New York Supreme Court
Appeal from judgment on report of referee. Action by James Danihee against John Hyatt to recover possession of land. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
This is an action of ejectment brought to recover a small triangular piece of land in the village of Salamanca. It has been twice tried before a referee, and resulted each time in a judgment dismissing the plaintiff’s complaint.
The plaintiff and the wife of the defendant are owners and occupants of adjoining village lots, obtaining their title from a common grantor, each claiming to own the premises in dispute. The wife of the defendant, when she became the owner of her premises, took possession of the piece in dispute, graded and prepared the same as a driveway to a barn upon her lot, and…
2Cases cited6 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Rowe v. . SmithNew York Court of Appeals · 1871
- Martin v. . RectorNew York Court of Appeals · 1886
- Stewart v. . PatrickNew York Court of Appeals · 1877
- Lucas v. JohnsonNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ward v. TerryNew York Supreme Court · 1901