Corning v. . Troy Iron and Nail Factory
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the third district, affirming, a judgment in favor of the plaintiffs, entered upon a. verdict rendered by direction of the court. The action is ejectment for the recovery of a triangular piece of ground, located on the south side of the Wynant’s kill, in the city of Troy, immediately in front of the rolling mill of the defendant.
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Appeal from an order of the General Term of the Supreme Court in the third district, affirming, a judgment in favor of the plaintiffs, entered upon a. verdict rendered by direction of the court. The action is ejectment for the recovery of a triangular piece of ground, located on the south side of the Wynant’s kill, in the city of Troy, immediately in front of the rolling mill of the defendant. The premises in dispute embrace 4,650 square feet, or about six one-hundredths of an acre. The land is described in the complaint as follows: “ Beginning at the south-east corner of a six acre lot,…
1Concurrence
This case has been pending upward of fourteen years, and has been three times tried, and three times before the General Term. If the litigation can be ended upon this appeal, it will be a relief to the courts, if not fortunate for both parties.
The plaintiffs claimed the disputed piece of land as part of the six acre lot to which they showed undisputed title. They claimed it as lying in the southeast corner of that lot, and bounded southerly by the southerly line of the farm formerly owned by David De Freest, and easterly by the easterly line of the six acre lot. As they claimed it, the…
2Cases cited4 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Reed v. . FarrNew York Court of Appeals · 1866
- Hubbell v. McCullochNew York Supreme Court · 1866
- Emerick v. KohlerNew York Supreme Court · 1859