Allerton v. Steele
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Clinton county. Ejectment by Charlotte A. Allerton against Edgar W.' Steele. From a judgment in favor of defendant, plaintiff appeals. Lephe Allen was the common source of title to all the lands shown on the diagram, including the lands in question. She conveyed the lot marked “Parcel A, Church Lot,” to the Baptist Church.
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Appeal from trial term, Clinton county. Ejectment by Charlotte A. Allerton against Edgar W.' Steele. From a judgment in favor of defendant, plaintiff appeals. Lephe Allen was the common source of title to all the lands shown on the diagram, including the lands in question. She conveyed the lot marked “Parcel A, Church Lot,” to the Baptist Church. She also conveyed to Franklin P. Allen the tract marked “Parcel B,”„ lying to the west of the “Church Lot,” and extending south to the north branch of the Chazy river, not shown on the diagram. She also conveyed to Franklin P. Allen the lot…
1Opinion of the CourtParker, P. J.
So far as the parcel in dispute which lies south of parcel D is concerned, it must be conceded, I think, that if F. P. Allen, in 1863, entered into the possession thereof with the intention of making it his own, and if E. P. Francis, the previous owner, at whose direction he then entered, knew that he so intended, and himself intended that Allen should thereafter so hold and own it, such an entry was. sufficient to initiate an adverse user; and if thereafter, up to the present time, Allen and his grantees have used and occupied such strip of land, inclosed it with a fence, put a building…
2Cases cited6 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Crosdale v. . LaniganNew York Court of Appeals · 1892
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