Dibble v. Rogers
New York Supreme Court
This was an action of ejectment, tried at the Saratoga circuit in June, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover the premises in question under a deed to him bearing date 24th April, 1810, from Daniel Boardman, whom it was admitted, at the execution of the deed, owned the premises in fee.
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This was an action of ejectment, tried at the Saratoga circuit in June, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover the premises in question under a deed to him bearing date 24th April, 1810, from Daniel Boardman, whom it was admitted, at the execution of the deed, owned the premises in fee. The suit was commenced in October term, 1830. The premises are described in the deed by courses and distances, and are stated to contain traeres of land,-be the same more or less. They lie in the form of a parallelogram, to the east of a stream of water,…
1Opinion of the Court
By the Court
Sutherland, J.
The judge, in his charge to the jury, stated the principles of law applicable to the case correctly. He instructed them that a long acquisecence, in an erroneous location by the plaintiff, would authorize them to *540find that the plaintiff had agreed to a location different from. ^at given by his deed; and whether he knew his rights or not, such location or acquisecence would conclude him; and ^ ^ íuiy were satisfied that the plaintiff had agreed to such a location, (of which his long acquiescence in the location contended for by the defendants was evidence,) that they…
2Cases cited3 opinions
- McCormick v. BarnumNew York Supreme Court · 1833
- Rockwell v. AdamsNew York Supreme Court · 1831
- Peyton v. HallettNew York Supreme Court · 1803
3Cited by14 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Sneed v. OsbornCalifornia Supreme Court · 1864
- Irving v. . CampbellNew York Court of Appeals · 1890
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
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