Woolever v. Knapp

By the Court, Mason, J.

This is an action of account, or for money had and received, brought by the plaintiffs against the defendant, who are all tenants in common of a farm of 100 acres, situated in the town of Dryden, in the county of Tompkins. The cause was tried before referees, who found the following facts, to wit: That Samuel Knapp, the ancestor of the parties, died intes*266tate, leaving the farm in question to his heirs at law, the parties to this suit. That the defendant, Samuel Knapp, had enjoyed the sole possession of said farm for five years, to wit, from the fall of 1847 to the fall…