Rosseel v. Wickham
New York Supreme Court
APPEAL from a judgment ordered for the plaintiff at the circuit, after a trial before the court without a jury. The action was for the recovery of the possession of real estate.
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APPEAL from a judgment ordered for the plaintiff at the circuit, after a trial before the court without a jury. The action was for the recovery of the possession of real estate. The justice before whom the action was tried found the following facts and conclusions of law: John Hornby, by deed bearing date ¡November 6,1804, conveyed to William ÍL Lummis a tract of land lying at Sodus Point, embracing the premises demanded in the complaint, who thereupon went into possession and occupied the premises conveyed by said deed. William H. Lummis, by. deed dated July 7,1810, conveyed certain of the…
1Opinion of the Court
By the Court,
Johnson, J.
The question whether George Parish took the premises in question "by inheritance, as the heir of his brother David, is settled in the plaintiff’s favor by the decision in Parish v. Ward, (28 Barb. 328.)
The only question, of any considerable importance, in the case, to be considered, is, whether the defendant has held the premises for twenty years, or more, last past, adversely to the plaintiff’s claim of title.
The court, before whom the cause was tried, without a jury, has found as facts from the evidence, that the defendant, in 1812, took a conveyance from William E".…
2Cases cited5 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Demeyer v. LeggNew York Supreme Court · 1853
- Parish v. WardNew York Supreme Court · 1855
- Fosgate v. Herkimer Manufacturing & Hydraulic Co.New York Supreme Court · 1850
3Cited by3 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. ConlonSupreme Court of Kansas · 1901
- Hunt v. WrightSupreme Court of New Hampshire · 1867
- First Society of the Methodist Episcopal Church In Irving v. BrownellNew York Supreme Court · 1875