McRoberts v. . Bergman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 13, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. . The action was ejectment for the recovery of premises in the town of Southfield, on the southerly side of Staten Island,, described in the complaint, alleged to contain 8T^„- acres, consisting of a salt meadow…
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 13, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. . The action was ejectment for the recovery of premises in the town of Southfield, on the southerly side of Staten Island,, described in the complaint, alleged to contain 8T^„- acres, consisting of a salt meadow and the beach and shore in front thereof, lying next the waters of the lower bay of ¡New York. The answer contained a…
1Opinion of the CourtLandon, J.
The defendants claimed title by adverse possession, but rested their defense mainly upon the proposition that the plaintiff did not show title in himself, first, because he did not have a paper title covering the sand beach; second, because his grantors were not shown to have been in possession of the premises as owners; third, because the plaintiff’s possession, added to that of his grantors, was insufficient -either in time or character to establish title by adverse possession, whether founded upon a written instrument or otherwise ; fourth, that this alleged paper title was void for…
2Cases cited12 opinions
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Whitney v. WrightNew York Supreme Court · 1836
- Stevens v. . HauserNew York Court of Appeals · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ramapo Manufacturing Co. v. MapesNew York Court of Appeals · 1915
- Beers v. HotchkissNew York Court of Appeals · 1931
- Shinnecock Hills & Peconic Bay Realty Co. v. AldrichAppellate Division of the Supreme Court of the State of New York · 1909
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Cutting v. BurnsAppellate Division of the Supreme Court of the State of New York · 1901
9 more not listed; retrieve them via the Exa API.