Emerick v. Kohler
New York Supreme Court
PPEAL from a judgment entered on the report of a referee. The action was brought to recover the possession of a strip of land 32 chains and 33 links long, east and west, and one chain wide at the east, and one chain and 10 links at the west ends, being part of military lot Ho. 39, in the town of Fayette, Seneca county. The action was, by consent of the parties, referred to James K. Eichardson, Esq., to hear and determine.
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PPEAL from a judgment entered on the report of a referee. The action was brought to recover the possession of a strip of land 32 chains and 33 links long, east and west, and one chain wide at the east, and one chain and 10 links at the west ends, being part of military lot Ho. 39, in the town of Fayette, Seneca county. The action was, by consent of the parties, referred to James K. Eichardson, Esq., to hear and determine. The cause was tried before the referee, who reported in favor of the plaintiff, and judgment was thereupon rendered that the plaintiff recover possession of the premises in…
1Opinion of the Court
By the Court, Welles, J.
The facts found by the referee are, in my judgment, sustained by the evidence; at least, there was evidence given so strongly tending to sustain such findings as to render it improper for this court to interfere with them. Upon those facts the plaintiff was entitled to recover. Stephen Cook was the common source of title of both parties. On the 10th day of July, 1837, by deed of that date, Cook and wife conveyed to the plaintiff, by metes, courses and distances, a piece of land, being a part of military *166lot Ho. 39, in the town of Fayette, Seneca county. The description…
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