Lamb v. Coe
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in September, 1834, before the Hon. Hibam Denio, one of the circuit judges. The parties are the owners of adjoining farms. The farm of the plaintiff lies to the north of the farm of the defendant. The length of line between the two lots is 206 rods.
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This was an action of ejectment, tried at the Madison circuit in September, 1834, before the Hon. Hibam Denio, one of the circuit judges. The parties are the owners of adjoining farms. The farm of the plaintiff lies to the north of the farm of the defendant. The length of line between the two lots is 206 rods. The cleared or improved land on the plaintiff’s farm extends from its southeast corner, along the line between the two farms, 68J rods, and the clearings or improvements on the defendant’s farm, extend from the same corner lll£ rods. Beyond this point to the western boundary of the two…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The only question in this case-is, whether the defendant is concluded, by the practical location and occupation, from moving his fence and placing it upon the true boundary line between him and the plaintiff, under the facts and circumstances of the case.
The entire line between the two farms is about 206 rods in length ; and beginning at the east line and tracing it west, *645the first 30 rods of fence are on the true line ; here the land is cleared on both sides ; the next 38 rods are also cleared on both sides : here the fence diverges from the true line and…
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