Corkhill v. Landers
New York Supreme Court
THIS was an action to recover the possession of real estate. The complaint alleged that the plaintiff, on the thirteenth day of April, 1860, was and still is the owner in fee of the whole of lot No. 42 in the Atwater and Andrews tract, in the city of Rochester.
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THIS was an action to recover the possession of real estate. The complaint alleged that the plaintiff, on the thirteenth day of April, 1860, was and still is the owner in fee of the whole of lot No. 42 in the Atwater and Andrews tract, in the city of Rochester. That the defendant is now wrongfully in possession of a part of said lot, being a strip of land, four inches in width, bounded east by the east line of said lot, and running back from the front of said lot on Andrews street to the rear of the same, and has built a brick wall, being a part of the west wall of a dwelling house thereon,…
1Opinion of the Court
By the Court, Johnson, J.
The exceptions to the judge’s charge to the jury are not well taken. If the disputed boundary line had been fixed and settled by agreement between the parties, as the jury by their verdict have found the fact to be, and the defendant went on with the knowledge of the plaintiff, afterwards, and made valuable and expensive improvements relying upon such settlement, without any objection or remonstrance, or notice of dissent from the plaintiff in regard to such line, thus established, he is clearly estopped from now claiming that such was not the true boundary line…
2Cases cited3 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Town v. NeedhamNew York Court of Chancery · 1831
- Crary v. GoodmanNew York Court of Appeals · 1855
3Cited by6 opinions
- Dolde v. VodickaSupreme Court of Missouri · 1871
- Georgia Railroad & Banking Co. v. HamiltonSupreme Court of Georgia · 1877
- Schneider v. SchneiderSupreme Court of Missouri · 1920
- Small v. RobbinsNevada Supreme Court · 1910
- Broyles v. NowlinTennessee Supreme Court · 1873
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