Melbourn v. Kukla

Judgment unanimously affirmed, with costs. If the parties cannot agree, defendants may move to apply at the foot of the judgment to have damages awarded in lieu of the direction to remove the shingles. Mere sequence of possession in several grantors is insufficient in the absence of credible proof or testimony of an intent on the part of the several grantors to convey to the several grantees the land not expressly included in each description in the several conveyances. (Smith v. Reich, 80 Hun, 287; affd. on opinion below, 151 N. Y. 642.) There was such proof in Belotti v. Bickhardt (228 N.…