Bowie v. Brahe
The Superior Court of New York City
Tms was an action by the plaintiff, claiming to be owner in fee, to recover the possession of a strip of land in the Fourth Ward of the city of Hew York, on the northerly side of Ferry street, two inches front and rear to four and a half inches in the centre, to the depth of fifty-four feet five inches, which the plaintiff claims to be part and parcel of the easterly side of his lot, number twenty-five (25) Ferry street, being the second lot easterly from Jacob street, and…
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Tms was an action by the plaintiff, claiming to be owner in fee, to recover the possession of a strip of land in the Fourth Ward of the city of Hew York, on the northerly side of Ferry street, two inches front and rear to four and a half inches in the centre, to the depth of fifty-four feet five inches, which the plaintiff claims to be part and parcel of the easterly side of his lot, number twenty-five (25) Ferry street, being the second lot easterly from Jacob street, and that he was entitled to possession of it, which he alleged to be wrongfully withheld by the defendant. v The defendant…
1Opinion of the Court
By the Court.
We can require no argument in support of this judgment.
When a person enters into the possession of lands under a deed it is a known presumption of law that his claim of title is limited to the premises described in his deed. This presumption is not "indeed jwris and dejurre. It may be repelled, but it can only be so by positive evidence that the person so entering claimed 'to be the owner of more than his deed embraced. There was not only no such evidence in this case, but it was clearly proved that the defendant, as to the strip of land now sought to be recovered, was a wilful…
2Cited by7 opinions
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Munro v. MerchantNew York Supreme Court · 1858
- Cassedy v. JacksonMississippi Supreme Court · 1871
- Smithers v. SteinerThe Superior Court of the City of New York and Buffalo · 1895
- Sasserath v. MetzgarThe Superior Court of the City of New York and Buffalo · 1893
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