Aiken v. Benedict
New York Supreme Court
THIS was an action of, ejectment, tried at the Monroe circuit, in October, 1861. There was but one exception taken, which was to that part of the charge of the court to the jury, in which it was stated, as matter of law, that for the projecting of the defendant’s eaves, or gutters, over the land of the plaintiffs, an action of ejectment would not lie. . The jury found a verdict in favor of the defendant.
1Opinion of the Court
By the Court,
Welles, J.
This was an action of ejectment to recover a strip of land about two feet in width, running from the front to the rear of lot sixty-eight, in the Atwater and Andrews tract, in the city of Bochester. The plaintiffs were the owners of the south half of said lot 68, and the defendant the owner and in possession of the north half of said lot; and the question on the trial was, whether the defendant had encroached on the land of the plaintiffs. The defendant’s house was on the line between his half of the lot and the other half, owned by the plaintiffs. It appeared, beyond…
2Cases cited1 opinion
- Jackson v. MayNew York Supreme Court · 1819
3Cited by15 opinions
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- McCourt v. EcksteinWisconsin Supreme Court · 1867
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