Liebetrut v. Gaskin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Edward J. Liebetrut and Louise F. Liebetrut against Thomas Gaskin. There was a judgment for defendant, and from the judgment and an order granting an additional allowance plaintiffs appeal. Action to recover the possession of lot 9 in block C, being 50 feet front on Ontario avenue and 133 feet deep, in the city of Niagara Falls, more particularly described in the complaint, and $2,000 for withholding the possession thereof.
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Appeal from special term. Action by Edward J. Liebetrut and Louise F. Liebetrut against Thomas Gaskin. There was a judgment for defendant, and from the judgment and an order granting an additional allowance plaintiffs appeal. Action to recover the possession of lot 9 in block C, being 50 feet front on Ontario avenue and 133 feet deep, in the city of Niagara Falls, more particularly described in the complaint, and $2,000 for withholding the possession thereof. The answer sets up that “neither plaintiffs, their ancestors, predecessors, nor grantors were seised or possessed of the premises…
1Opinion of the CourtHardin, P. J.
There was a conflict in the evidence in respect to adverse possession. It is contended by the appellants that the finding is against the weight of evidence. We have looked into the evidence, and are of the opinion that there was such a contrariety of facts disclosed by the witnesses that the referee was called upon to solve the question, and that there is evidence sustaining his report, and we are not inclined to disturb the same on the question of adverse possession. Barnes v. Light, 116 N. Y. 34, 22 N. E. 441; Railroad Co. v. Brennan, 12 App. Div. 106, 42 N. Y. Supp. 529.
2: The affidavits…
2Cases cited4 opinions
- Barnes v. . LightNew York Court of Appeals · 1889
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896