Gilmartin v. Buchanan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Andrew B. Buchanan and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of February, 1908, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the same day, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an action in ejectment. The ctintroversy is over the title to a small parcel of land adjacent to other lands belonging to the parties to the action, and turns upon the course of a certain boundary line, which is not clearly described in the title deeds. The jury found from these deeds in evidence, together with oral testimony as to acts of ownership exercised by the parties and their predecessors in title, that the plaintiff was entitled to the possession of the parcel which was the subject of the dispute; and the defendants appeal from the judgment entered upon this…
2Cases cited4 opinions
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- People v. . HolmesNew York Court of Appeals · 1901
- Cochran v. SmithNew York Supreme Court · 1893
- Dibble v. ColeAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Gjokaj v. FoxAppellate Division of the Supreme Court of the State of New York · 2006
- Town of North Hempstead v. OelsnerAppellate Division of the Supreme Court of the State of New York · 1912
- Gilmartin v. BuchananAppellate Division of the Supreme Court of the State of New York · 1910