Davis v. Townsend
New York Supreme Court
This was an appeal to the general term of the court, by the plaintiff Joel Davis, from a judgment entered on the 29th day of May, 1850, in favor of the defendant, Isaac IT. Townsend, on a verdict rendered at the circuit.
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This was an appeal to the general term of the court, by the plaintiff Joel Davis, from a judgment entered on the 29th day of May, 1850, in favor of the defendant, Isaac IT. Townsend, on a verdict rendered at the circuit. The complaint alledged that the defendant broke and entered a certain close of the plaintiff’s, situate in the town of Worth Hempstead, in &c., and with his servants then and there trod down the grass, &e.; f‘ and also then and there pulled and took down a fence standing upon said close, and removed the same, and also then and there erected another fence upon the said close ;…
1Opinion of the Court
By the Court, Brown, J.
The court charged the jury upon the trial of this action, “ that an old fence becomes a land mark, and would, if acquiesced in for a length of time, determine the line, even though it should not accord with the true line; but if the owners desire to change it and make it straight, when it *342was crooked, they could do so without a deed in writing. That the title would not pass by a verbal agreement; but if the parties verbally agreed to straighten the line, the party who acted upon such agreement would not be liable to the other in an action of this kind. In such case, his…
2Cases cited5 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Rockwell v. AdamsNew York Supreme Court · 1831
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Robertson v. M'NielNew York Supreme Court · 1834
3Cited by9 opinions
- Jamieson v. MillemannThe Superior Court of New York City · 1854
- Rathbone v. McConnellNew York Supreme Court · 1855
- Smith v. McallisterNew York Supreme Court · 1852
- Trussel v. LewisNebraska Supreme Court · 1882
- Cline v. KirkbrideOhio Circuit Courts · 1901
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