Harris v. Oakley
New York Supreme Court
Appeal from circuit court, Monroe county. Appeal by the plaintiffs from a judgment in an action of ejectment tried at the Monroe circuit, and from an order made at special term denying their motion for a new trial founded on a ease and exceptions.
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Appeal from circuit court, Monroe county. Appeal by the plaintiffs from a judgment in an action of ejectment tried at the Monroe circuit, and from an order made at special term denying their motion for a new trial founded on a ease and exceptions. The premises are situated in the city of Rochester, and consist of a triangular parcel of land; the base-line of which is also the east line of the premises described in the ■complaint, and is 19§- feet in length, and bounded by a line which formerly was the west bank of the Genesee valley canal,—the hypothenuse extending from the canal to Genesee…
1Opinion of the CourtBarker, P. J.
At the close of the plaintiffs’ proofs their complaint was dismissed on the defendant’s motion, and an exception was taken to the ruling. It is stated in the record that the defendant moved for dismissal of the plaintiffs’ complaint upon the ground that it appeared from the evidence that, at the time the plaintiffs accepted their deed of the premises in dispute, the defendant was in the actual occupation of the same, claiming title thereto under a deed from one Hulin, who was the common grantor of the parties. On the argument of this appeal the learned counsel for the respondent contended…
Also in this document: Concurrence.
2Cases cited5 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dawley v. . BrownNew York Court of Appeals · 1880
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- Hallas v. BellNew York Supreme Court · 1869
3Cited by1 opinion
- Benjamin v. WelchNew York Supreme Court · 1893