People v. Prime

Cochrane, P. J.:

Plaintiff brought this action in ejectment to recover possession of lot No. 5 of the Whiteface Mountain tract containing 1,531 acres in the town of North Elba. The case was tried before Mr. Justice Van Kirk without a jury and a decision rendered in favor of the defendants. An appeal from that judgment was affirmed by this court on the opinion of Mr. Justice Van Kirk, reported in People v. Witherbee (199 App. Div. 272). The facts are there stated more in detail than it is necessary to state them here. There was a joint ownership of lot No. 1 and lot No. 5. For a certain…