Reed v. . McCourt
New York Court of Appeals
Appeal from the General Term of the Supreme Court, in the fourth district. This was an action of ejectment, tried before the court without a jury; it was to recover a strip of land, sixty-five chains long, east and west; thirty-two feet wide at the east end, and forty-six feet at the west end.
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Appeal from the General Term of the Supreme Court, in the fourth district. This was an action of ejectment, tried before the court without a jury; it was to recover a strip of land, sixty-five chains long, east and west; thirty-two feet wide at the east end, and forty-six feet at the west end. The court found, that the plaintiff was the owner in fee, and entitled to the possession of a strip twenty-three chains forty-four links in length, off the west end of the premises described in the complaint, and of a strip seven chains eighty-four links off the east end. * Judgment was entered in favor…
1Opinion of the Court
The evidence, respecting the line between these parties, was somewhat conflicting, but the preponderance was clearly with the plaintiff, not only as to those parts of the land claimed, which he did recover, but as to that portion which he did not.
However that may be, the court having found in favor of the plaintiff on the facts, and the judgment, on that finding, having been affirmed, this court cannot review the finding. In fact, as there was no motion for a nonsuit, there is no question arising on the evidence before us.
Both parties derived title from one Jonas Reed; the defendant through…
2Cases cited1 opinion
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
3Cited by11 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Lehman v. SmithSouth Dakota Supreme Court · 1918
- Ambs v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- International Trust Co. v. Palisade Light, Heat & Power Co.Supreme Court of Colorado · 1915
- Phillips v. CooperMississippi Supreme Court · 1874
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