Sizer v. Devereux
New York Supreme Court
This action was brought to recover an undivided fourteenth part of so much of the land covered by the Devereux block in the city of Utica, as lies within the original lines of Hotel-street. On the trial, at the Oneida circuit, in October, 1851, before Justice Oridley, the defendant’s counsel, at the close of the testimony on both sides, moved for a nonsuit.
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This action was brought to recover an undivided fourteenth part of so much of the land covered by the Devereux block in the city of Utica, as lies within the original lines of Hotel-street. On the trial, at the Oneida circuit, in October, 1851, before Justice Oridley, the defendant’s counsel, at the close of the testimony on both sides, moved for a nonsuit. The justice granted it; remarking, among other things, that as it appeared by the map referred to in the description of the lands conveyed by the original deeds of 94 and 95, that those lots lay upon the easterly line of Hotel-street, a…
1Opinion of the Court
By the Court, Gridley, J.
Mrs. Sizer, one of the plaintiffs, is one of the heirs at law of John Mappa, deceased; and she 6 seeks to recover in this action, for her share as such, the one-fourteenth part of a piece of land covered by a part of the building known as the Devereux block; and being a part of Hotel-street, in the city of Utica. The defendant owns the premises situated on both sides of the street opposite the piece of land in question. The plaintiff, however, insists that her ancestor never parted with the legal title to the site of the street; and that she, as his heir, is entitled…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Champlin v. PendletonSupreme Court of Connecticut · 1838
3Cited by9 opinions
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- Plumer v. JohnstonMichigan Supreme Court · 1886
- Trowbridge v. . EhrichNew York Court of Appeals · 1908
- Glover v. ShieldsNew York Supreme Court · 1860
- Dunham v. WilliamsNew York Supreme Court · 1862
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