Frantz v. Ireland
New York Supreme Court
MOTION for a new trial on exceptions taken by the defendant at the Seneca circuit, and ordered to General Term in the first instance.
1Opinion of the Court
*387 By the Court,
Talcott, J.
This is an action of trespass for entering upon certain land of the plaintiff, part of lot 28, in the town of Fayette. The defendant pleaded title. The case has been before us on a former occasion. (4 Bans. 278.) On that occasion we held that the former recovery by the now plaintiff, in the action of ejectment brought against him by a predecessor of the present defendant, if the title of the same land was in question, was presumptively conclusive upon the title to the land in controversy, which is a strip lying along the line which divides the lands of the parties,…
2Cases cited1 opinion
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by6 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Hubbard v. HousleyAppellate Division of the Supreme Court of the State of New York · 1899
- Kinner v. WhippleAppellate Division of the Supreme Court of the State of New York · 1908
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- Pope v. RamseyMissouri Court of Appeals · 1899
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