Robinson v. Phillips
New York Supreme Court
THIS is an action of ejectment. The' action was brought to recover a narrow strip of land situate between adjoining farms owned by the plaintiff and defendant respectively, described in the complaint as a strip 114 rods long, and two rods in width, at the south end, and one and a half rods wide at the northerly end, in the town of Conewango, Cattaraugus county.
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THIS is an action of ejectment. The' action was brought to recover a narrow strip of land situate between adjoining farms owned by the plaintiff and defendant respectively, described in the complaint as a strip 114 rods long, and two rods in width, at the south end, and one and a half rods wide at the northerly end, in the town of Conewango, Cattaraugus county. The cause was tried at the October circuit in that county, in 1871. The plaintiff proved that his farm, for twelve years, had been in his possession; that it was bounded, when he purchased it, by a ditch and board fence extending south…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
This case comes before us not professing to set out the full evidence or proceedings at the circuit, and presenting but a brief statement of the charge of the judge, with a single exception to his refusal to charge as requested. The question of fact tried at the circuit was simply whether there had been such a practical location of the boundary line between the two farms, and such a recognition of such line, or claim and occupation in respect thereto, as to make it the true boundary between the said farms, independent of the line as indicated by the paper…
2Cases cited1 opinion
- People ex rel. Bank of the Commonwealth v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1861
3Cited by5 opinions
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Pope v. . HanmerNew York Court of Appeals · 1878
- Point Mountain Coal & Lumber Co. v. Holly Lumber Co.West Virginia Supreme Court · 1912
- Doherty v. MatsellThe Superior Court of New York City · 1886
- Hill v. EdieNew York Supreme Court · 1888