Buchanan v. Ashdown
New York Supreme Court
Appeal from circuit court. Action by William H. Buchanan and others against Albert Ash-down to recover a strip of land lying adjacent to a disputed line.
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Appeal from circuit court. Action by William H. Buchanan and others against Albert Ash-down to recover a strip of land lying adjacent to a disputed line. The defense relied upon is that a grantor through whom the plain-' tiffs claim was estopped from asserting his title, and that the line was fixed by a practical location of it. . From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals.
1Opinion of the CourtParker, J.
There seems to he no doubt but that, according to the paper title of both parties, the land in dispute belongs to the plaintiffs. The defendant’s grantors never had any title west of the division line between the northeast and the northwest quarter of the 2,000-acre tract. All of his land must be found within the northeast quarter of that tract, and the plaintiffs’ land lies adjacent to, and west of, such division line. Also, it appears that there was no serious difficulty in locating such division line upon the ground, by surveying the whole tract, and starting from well-known monuments on…
2Cases cited12 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Justice v. . LangNew York Court of Appeals · 1870
- Sherman v. . KaneNew York Court of Appeals · 1881
- Storrs v. BarkerNew York Court of Chancery · 1822
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
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3Cited by1 opinion
- Lehman v. SmithSouth Dakota Supreme Court · 1918