Doherty v. Matsell
The Superior Court of New York City
Exceptions ordered to be heard at general term. Action of ejectment to recover possession of four lots ■of land on the north side of Eighty-Third Street, between First and Second avenues in this city.
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Exceptions ordered to be heard at general term. Action of ejectment to recover possession of four lots ■of land on the north side of Eighty-Third Street, between First and Second avenues in this city. The appeal hook shows that before plaintiffs rested, some testimony had been given on their behalf on the subject of one of their ancestors in their paper title— to wit, one Tallas Hopper, being in actual occupation of the locus in quo from 1820 to about 1830, holding a paper title thereto; also that plaintiffs’ evidence established that two of the plaintiffs, to wit, Mary Ann Doherty and…
1Opinion of the CourtO’Gorman, J.
It was conceded by both sides that there was no question of fact to go to the jury.
The plaintiffs put in evidence as the origin of their title, conveyances made in 1787 and 1793, to one Tallas Hopper, of a tract of land in Harlem, and also a map of the same, the correctness of which was supported by the evidence of experts, showing that the lots in suit were part of the tract covered by these conveyances. Plaintiffs also gave evidence that Tallas Hopper was living in 1828 and then resided on a farm known as the “ Tallas Hopper farm,” which was situate between lines now known as 83d street and…
2Cases cited5 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Sands v. . HughesNew York Court of Appeals · 1873
- Bedell v. . ShawNew York Court of Appeals · 1874
- Pope v. . HanmerNew York Court of Appeals · 1878
- Robinson v. PhillipsNew York Supreme Court · 1873