Dibble v. Cole
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orin Cole, from a judgment of the County Court of Oswego county in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 18th day of June, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The parties owned adjoining lots in the village of Texas in said county of Oswego. The action is trespass; and the controversy between them is over the division line separating their lands.
The plaintiff became the owner of his premises in 1888," by deed from his father, who acquired title by purchase from one George Marsden in 1876. The deeds did not describe the premises conveyed by metes and bounds, and the only surveyor who was sworn on the trial testified that he was unable to locate the boundary lines. The plaintiff, therefore, sought to establish his title to the premises by…
2Cases cited4 opinions
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Morss v. . SalisburyNew York Court of Appeals · 1872
- People v. . HolmesNew York Court of Appeals · 1901
- Skinner v. OdenbachNew York Supreme Court · 1895
3Cited by4 opinions
- Gilmartin v. BuchananAppellate Division of the Supreme Court of the State of New York · 1909
- Peattie v. GabelAppellate Division of the Supreme Court of the State of New York · 1913
- Composite Metal Lath Co. v. Glasco Ice Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Gleason v. ShuartAppellate Division of the Supreme Court of the State of New York · 1911