Rockwell v. Adams
New York Supreme Court
Location of Lands. This was an action of replevin, tried. at the Warrren circuit, in June, 1828, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff brought replevin for the taking of a quantity of saw logs. The defendant claimed the logs, alleging that they were cut on his land, and on the trial shewed title to the locus in quo.
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Location of Lands. This was an action of replevin, tried. at the Warrren circuit, in June, 1828, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff brought replevin for the taking of a quantity of saw logs. The defendant claimed the logs, alleging that they were cut on his land, and on the trial shewed title to the locus in quo. The plaintiff proved that one Lee, who, with him, derived title from the same source, had taken possession under a deed of 100 acres of land, up to a certain line, as his northern boundary; and that such line corresponded with the south line of a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This cause was first tried in 1825, when the jury found a verdict for the defendant, upon testimony very similar to what is now presented in the case before us. On that trial the judge charged the jury that if *469the defendant had fixed upon a line, with a full knowledge of his rights, short of that which his deed would give him, such location would limit his grant; but if the jury should find that no line had been agreed upon, they must ascertain the boundary upon other principles. 7 Cowen, 761. A new trial was granted, on the ground that the rule was not correctly…
2Cited by27 opinions
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- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- McCormick v. BarnumNew York Supreme Court · 1833
- Turner v. BakerSupreme Court of Missouri · 1876
- Rash v. AllenSuperior Court of Delaware · 1910
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