Green v. . Horn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 9, 1911, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient evidence to entitle the plaintiffs to go to the jury on the question of adverse possession.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 9, 1911, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient evidence to entitle the plaintiffs to go to the jury on the question of adverse possession. (Sands v. Hughes, 53 N. Y. 287; Fleming v. Burnham, 100 N. Y. 1; Cutting v. Burns, 57 App. Div. 185; Horn v. Worden, 113 App. Div. 893; Miller v. Platt, 5 Duer, 272.) . The…
1Opinion of the CourtMiller, J.
This is an ejectment action to recover possession of two parcels of land in the village of Lake George, Warren county, known respectively as Middle Village Lot No. 7 and the “Waldorf.” The plaintiffs have the record title to both parcels. The defendant in his answer disclaimed title to or possession of said lot No. 7, but averred that he had title to the other parcel by adverse possession and that the conveyance thereof to the plaintiff was void for champerty. The trial court directed a verdict for the defendant on the latter ground, and that ruling presents the only point for consideration…
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