Hallas v. Bell
New York Supreme Court
THIS was an action for trespass on land, The land was a small gore or strip lying in the city of Auburn, originally owned by Dyer Palmer, the common source of title, and conveyed to the plaintiff, by deed dated October 15,1859, and subsequently to the defendant by deed dated April 14, 1864. The action was commenced in a justice’s court.
Read the full summary
THIS was an action for trespass on land, The land was a small gore or strip lying in the city of Auburn, originally owned by Dyer Palmer, the common source of title, and conveyed to the plaintiff, by deed dated October 15,1859, and subsequently to the defendant by deed dated April 14, 1864. The action was commenced in a justice’s court. The defendant interposed a plea of title, and thereupon the plaintiff brought an action in this court, which was tried at the circuit, before a justice of this court and a jury, and a verdict found for the defendant. The plaintiff moved for a new trial, on the…
1Opinion of the Court
By the Court, Johnson, J.
This is an appeal from an order granting a new trial by the justice holding the circuit, at which the action was tried, upon his minutes. The question tried was whether the small strip, or gore of land, on which the trespass complained of was alleged to have been committed, was covered by the plaintiff’s deed; and the jury, by their verdict, found that it was not, but that it had been conveyed to the defendant by the same grantor, by a deed of a subsequent date. The new trial was granted, as appears by the opinion of the learned justice who tried the action, upon the…
2Cases cited1 opinion
- Crary v. . GoodmanNew York Court of Appeals · 1860
3Cited by6 opinions
- Harris v. OakleyNew York Supreme Court · 1888
- Lambert v. HuberNew York Supreme Court · 1898
- Danziger v. BoydNew York Court of Appeals · 1890
- Higginbotham v. StoddardNew York Supreme Court · 1876
- Nash v. KempNew York Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.