Drew v. . Swift
New York Court of Appeals
Appeal from judgment entered in Erie county upon order of the late General Term of the eighth judicial district, denying motion for new trial, and directing judgment upon verdict in favor of plaintiff. This is an action of ejectment, brought to recover possession of certain lands situated in the town of DTewstead, Erie county. The facts appearing upon the trial are sufficiently stated in the opinion.
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Appeal from judgment entered in Erie county upon order of the late General Term of the eighth judicial district, denying motion for new trial, and directing judgment upon verdict in favor of plaintiff. This is an action of ejectment, brought to recover possession of certain lands situated in the town of DTewstead, Erie county. The facts appearing upon the trial are sufficiently stated in the opinion. A verdict was rendered by the jury in favor of the plaintiff for part of the land claimed. Exceptions were directed to be heard at first instance at General Term. That in construing a deed the…
1Opinion of the CourtAllen, J.
It is agreed that the title to part of lot Ho. 34, in township Ho. 13, fifth range in the town of Hewstead, Erie county, including the premises in controversy, was at one time, in one Heman Stone; and it was held, upon the trial, that it was still in him, unless he had conveyed it to the defendant. In October, 1849, Stone conveyed to the defendant a part of the lands then owned by him, described by metes and bounds; and the material question upon the trial was, whether the locus in guo was within the description. The plaintiff and defendant own lands adjoining the narrow strip in dispute; the…
2Cases cited3 opinions
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clark v. WetheyNew York Supreme Court · 1838
- Doe ex dem. Arden v. ThompsonNew York Supreme Court · 1826
3Cited by23 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Beardsley v. CraneSupreme Court of Minnesota · 1893
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Riverside Co. v. TownshendIllinois Supreme Court · 1886
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