Northport Real Estate & Improvement Co. v. Hendrickson
New York Court of Appeals
Appeal from judgment of the General Term of the-.Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the-.Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. Leaving out of consideration the question of adverse possession, the legal title to the premises in dispute was in the plaintiffs. (Brown v. Volkneing, 64 N. Y. 79; Pager. Waring, 76 id.; Pope v. Allen, 90 id. 208.) A constructive adverse…
1Opinion of the CourtEarl, J.
This is an action of trespass commenced in Anril, 1891, to recover damages against the defendant for entering upon land claimed by the plaintiff, and cutting down and removing therefrom certain trees. Both parties claim title to the land on which the alleged trespass ivas committed. In 1839 Jesse Bunce owned a farm of about eighty acres of land, and he executed to Fannie and Amelia Bryan a deed of a piece from the southerly end of the farm, consisting of about one acre and a quarter, which deed was dated Hay 25th, 1839, acknowledged November 7th, 1839, and recorded January 31st, 1853. The…
2Cases cited3 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
- Finlay v. CookNew York Supreme Court · 1865
3Cited by6 opinions
- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Archibald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Strawberry Lane, Inc. v. FraserAppellate Division of the Supreme Court of the State of New York · 1987
- John T. Clark Realty Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1938
- Archibald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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