Stewart v. . Patrick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of ejectment to recover a small triangular strip of land, the title to which depended upon the location of a disputed boundary line between the adjoining lots of the parties, situate in the village of Herkimer.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of ejectment to recover a small triangular strip of land, the title to which depended upon the location of a disputed boundary line between the adjoining lots of the parties, situate in the village of Herkimer. Plaintiffs lot lies south of that of defendants; and the dispute was as to the commencement of the boundary line on Main street, in said village. Plaintiff claimed that it commenced at or near the north…
1Opinion of the CourtAllen, J.
The evidence to the admission of which exception was taken was admissible to prove a practical location of the boundary line or an adverse possession. If it was insufficient to establish either, that fact constituted no objection to its competency. If it tended to prove either fact its sufficiency for that purpose was for the jury, and had it proved insufficient to sustain a verdict for the plaintiff upon either ground, it would have been for the court to have withheld the questions sought to be made upon the. evidence from the jury.
The motion for a nonsuit was properly denied as the case…
2Cited by5 opinions
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