Huber v. Bletzer
New York Supreme Court
Appeal from circuit court, Monroe county. Ejectment by Mary S. Huber against John Bletzer. From a judgment dismissing the complaint after a nonsuit, and from an order denying a motion for a new trial, plaintiff appeals. The answer alleged: “First.
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Appeal from circuit court, Monroe county. Ejectment by Mary S. Huber against John Bletzer. From a judgment dismissing the complaint after a nonsuit, and from an order denying a motion for a new trial, plaintiff appeals. The answer alleged: “First. That as to the allegations contained in.the first paragraph of plaintiff’s complaint, to wit, that one George Schrier and Elizabeth, his wife, o,n or about the 11th day of May, 1881, executed a warranty deed in writing, and thereby, for a valuable consideration, sold and demised to plaintiff the premises described in the complaint, to hold to…
1Opinion of the CourtMacomber, J.
This action is ejectment, and it was brought to recover the possession of a strip of land lying upon the west side of the plaintiff’s lot on Maple street, in the city of Rochester, N. Y., 11 inches wide in front, and extending back 165 feet, and ending in a width of 18 inches in the rear. The defense consisted of a general denial, and an affirmative allegation that for more than 20 years prior to the bringing of this action Mary Ann Bletzer, the wife of the defendant, who was not made a party to the action, and her grantors, (the immediate grantor being shown to be the defendant himself,)…