Meerhoff v. Rouse

Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs, and relief granted to the defendant in accordance with the memorandum. Certain findings of fact disapproved and reversed and new findings made. Memorandum: This is an action of ejectment in which plaintiff claimed title to the disputed area by adverse possession, and defendant counterclaimed for a determination of a claim to real property (Real Property Law, art. 15). We think that plaintiff’s attack on defendant’s record title must fail. Plaintiff relies chiefly on a certain fence, which, however, was in…