Humbert v. Rector of Trinity Church
Court for the Trial of Impeachments and Correction of Errors
[ *588 _] "Appeal from chancery. The appellants, in June, 1834, filed their bill before the vice chancellor of the first circuit, to settle the boundaries of certain lands in the city of New-Yorlc, owned respectively by the appellants and the respondents, alleged to adjoin each other ; and also to tafee an account between them of certain other lands alleged to be held by the parties as tenants in common.
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[ *588 _] "Appeal from chancery. The appellants, in June, 1834, filed their bill before the vice chancellor of the first circuit, to settle the boundaries of certain lands in the city of New-Yorlc, owned respectively by the appellants and the respondents, alleged to adjoin each other ; and also to tafee an account between them of certain other lands alleged to be held by the parties as tenants in common. The appellants state in their bill that Anneke Jans Bogardus, their ancestor, being seized of two tracts of land in the city of New-Yovk, one called the Dominie’s Hook, containing about 130…
1Opinion of the Court
After advisement, the following opinions were delivered :
By Cowen, J.
Both the learned officers who considered this case in the court below agreed that the bill failed to show that any of the complainants, or those under whom they claim, had been in actual possession of the premises in question since 1785. On the contrary, they considered it as admitting possession in the defendants since that time. But they differed as to the character of this possession, the vice chancellor holding that it was not adverse within the meaning of the statute of limitations, the chancellor holding that it was.
The…
2Cases cited6 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Prevost v. GratzSupreme Court of the United States · 1821
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Leonard v. PitneyNew York Supreme Court · 1830
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3Cited by15 opinions
- Creekmur v. CreekmurSupreme Court of Virginia · 1881
- Johnston v. SmithTexas Supreme Court · 1858
- Miller v. GarlockNew York Supreme Court · 1850
- Campbell v. LongSupreme Court of Iowa · 1866
- Hannum v. Borough of West ChesterSupreme Court of Pennsylvania · 1870
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