Legal Opinion

Lane v. Gould

New York Supreme Court

Decided December 15, 1850PublishedCited by 8 opinions

This was an action of ejectment for two parcels of land situated in St. George’s Manor, in the county of Suffolk. On the trial the plaintiffs recovered a verdict, and the defendants, upon a case, moved for a new trial. The facts sufficiently appear in the opinion of the court.

1Opinion of the CourtBrown, J.

The verdict obtained by the plaintiffs in this cause can not, I think, be sustained, without disregarding some of the rules upon which the title to real property is made to depend.

The premises upon which the trespass is alledged to have been committed, are a portion of a tract of land known as St. George’s Manor, in the town of Brookhaven, county of Suffolk. To entitle the plaintiffs to recover, they were bound, upon the trial, to show themselves in the actual possession of the locus in quo at the time of the defendants’ entry, or that they had the title thereto; and thus to have made out a…

2Cases cited2 opinions

  1. Snider v. CroyNew York Supreme Court · 1807
  2. Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813

3Cited by8 opinions

  1. Wheeler v. . SpinolaNew York Court of Appeals · 1873
  2. Cutting v. BurnsAppellate Division of the Supreme Court of the State of New York · 1901
  3. Sharp v. Shenandoah Furnace Co.Supreme Court of Virginia · 1901
  4. Doolittle v. TiceNew York Supreme Court · 1863
  5. Munro v. MerchantNew York Supreme Court · 1858

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