Sherman v. . Kane
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 18, 1880, which affirmed a judgment, in favor of defendants, entered upon a decision of the court on trial without a jury. This was an action of ejectment brought to recover a parcel of land in the city of New York, to which plaintiffs claimed title as heirs at law of Alpheus Sherman, deceased.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 18, 1880, which affirmed a judgment, in favor of defendants, entered upon a decision of the court on trial without a jury. This was an action of ejectment brought to recover a parcel of land in the city of New York, to which plaintiffs claimed title as heirs at law of Alpheus Sherman, deceased. The description contained in the deed, construed as to metes and bounds, in conformity with the intention of the parties, governs all other general descriptions and specifications…
1Opinion of the CourtMiller, J.
One of the most serious questions litigated upon the trial of this action- relates to the right of the city to hold the premises in question by an actual occupation and cultivation for a period of time which entitled it to claim title to the same by an adverse possession. The evidence upon the trial tended strongly to establish such possession. It appeared that on the 17th day of January, 1804, the city authorities executed a lease to one Anthony Smith of lot No. 193 of the New York common lands for the term of twenty years from the 1st day of May, 1803. Prior to that time and in 1801, they…
Also in this document: Concurrence.
2Cases cited14 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Vosburgh v. . TeatorNew York Court of Appeals · 1865
- House v. . McCormickNew York Court of Appeals · 1874
- Jackson, ex dem. Bowen v. BurtonNew York Supreme Court · 1828
9 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Gardner v. WrightOregon Supreme Court · 1907
- Katz v. . KaiserNew York Court of Appeals · 1897
- Abbett v. PageSupreme Court of Alabama · 1890
- Hoffman v. WhiteSupreme Court of Alabama · 1890
62 more not listed; retrieve them via the Exa API.