Robie v. Sedgwick
New York Supreme Court
THIS was an action to recover the possession of a lot of land in the village of Bath, Steuben county. The complaint was in the usual form, and the answer put in issue every material allegation in the complaint. The cause was tried at the circuit, before the judge, without a jury.
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THIS was an action to recover the possession of a lot of land in the village of Bath, Steuben county. The complaint was in the usual form, and the answer put in issue every material allegation in the complaint. The cause was tried at the circuit, before the judge, without a jury. Perez Gilmore was examined as a witness for the plaintiffs, and testified as follows : “ I reside in Bath ; I know the lot, a description of which was read from the complaint; I have known it since 1819; it was occupied for a school, which was the only school in the village ; the building upon it was burned in 1822,…
1Opinion of the Court
By the Court, Johnson, J.
This cause was tried, and the decision of the justice before whom the trial was had was *326filed, as appears from the case, on the 13th of April, 1860. The amendment to § 267 of the code, requiring a statement of the facts found, and the conclusions of law to be stated in such decision, separately, was not passed until the 16th of April, 1860. There is, therefore, no error apparent upon the face of the record.
This being an action of ejectment, the plaintiffs must recover, if at all, upon the strength of their own title. Hence it was necessary for them to show, not only…
2Cases cited2 opinions
- Miller v. GarlockNew York Supreme Court · 1850
- Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
3Cited by9 opinions
- Powell v. BowenSupreme Court of Missouri · 1919
- Keeler v. McNeirSupreme Court of Oklahoma · 1939
- Krueger v. MarketSupreme Court of Minnesota · 1914
- Worley v. HarrisIndiana Supreme Court · 1882
- In re the Judicial Settlement of the Accounts of CollierNew York Surrogate's Court · 1916
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