Burke v. Jackson

Mayham, J.,

(dissenting.) This is an appeal from a judgment entered upon a verdict for the plaintiffs in an action of ejectment, and from an order denying a motion for a new trial on the minutes. The action was to recover the possession of a triangular piece of land in the city of Amsterdam, one foot wide, fronting on Grove street, and extending southerly about 96 feet to a point in the division line between plaintiff and defendant. The complaint alleged in substance that the defendant unlawfully removed the division fence so as to take in this triangular piece of land, and thereby wrongfully…