Fletcher v. Flacke

Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered August 2,1982 in Hamilton County, upon a decision of the court at Trial Term (Walsh, Jr., J.), without a jury. Plaintiffs instituted this action pursuant to RPAPL article 15 requesting a declaration of their ownership in fee of a strip of land on the eastern border of their lots 5 and 6, the northerly width being 380.93 feet and the southerly width in excess of 417 feet. The State challenges plaintiffs’ claim of ownership, contending that this strip is a portion of lots 7, 8 and 9 of township 17 owned by the State.…