Kip v. Norton
New York Supreme Court
This was an action of ejectment, tried at the Erie circuit in March, 1832, before the Hon. Addison Gardiner, one of the circuit judges. The parties are owners of adjoining lots in the former village, now city of Buffalo.
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This was an action of ejectment, tried at the Erie circuit in March, 1832, before the Hon. Addison Gardiner, one of the circuit judges. The parties are owners of adjoining lots in the former village, now city of Buffalo. On the 23d of July, 1827, the defendants obtained a deed from N. Prime and J. Lloyd of their lot, described in the deed as a certain piece of land known and distinguished on a map of the subdivision of outer lots 84 and 85 in said village, made by Orange Kisden, as ¡oí number nine, bounding 40 feet on the margin of Big Buffalo Creek, 100 feet on the cross canal-, 40 feet on…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question, as it seems to me, is whether the plaintiff has so assented to the location of No. 9 as to be bound by it. Such an assent must be either expressed or implied. If there is a disputed line between two adjoining proprietors of land, it may be settled between them by a location made by both, or made by one and acquiesced in by the other for so long a time as to be evidence of an agreement to the line. There can be no doubt that an express parol agreement to settle a disputed or unsettled line is valid if executed immediately, and possession…
2Cases cited1 opinion
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
3Cited by20 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
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