Ogden v. . Jennings
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass upon lands claimed by plaintiff, situate in the town of Virgil, Cortland county. Defendants pleaded title to the locus in quo in the trustees and inhabitants of school district No. 14 in said town, and that defendants entered thereon by order of one of the trustees.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass upon lands claimed by plaintiff, situate in the town of Virgil, Cortland county. Defendants pleaded title to the locus in quo in the trustees and inhabitants of school district No. 14 in said town, and that defendants entered thereon by order of one of the trustees. Prior to 1839 the school-house had been erected adjoining a highway. A rail fence had been constructed, commencing on the line of the…
1Opinion of the CourtAllen, J.
The effect and extent of the grant from Eufus Jennings to the school district was, by the charge of the judge at the Circuit, made to depend upon the solution of the question of fact, whether the use of the locus in guo was necessary to the district in order to a reasonable enjoyment of the granted premises for school purposes, rather than the terms of the grant and the description therein of the lands granted. The defendants prevailed at the Circuit and had judgment, from which the present appeal is brought, upon the finding of the jury that the disputed parcel of land was a necessary…
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- Oakley v. StanleyNew York Supreme Court · 1830
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3Cited by43 opinions
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- Larue v. Greene County BankTennessee Supreme Court · 1942
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