Bissell v. New York Central Railroad
New York Supreme Court
EJECTMENT to recover possession of a strip of land, 60 feet by 190, in the city of Bochester, in part occupied by the warehouse of the defendants, and the residue by their road tracks. There was no dispute that William W. Mumford, the plaintiff’s testator, prior to 1830 owned this land. Wm.
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EJECTMENT to recover possession of a strip of land, 60 feet by 190, in the city of Bochester, in part occupied by the warehouse of the defendants, and the residue by their road tracks. There was no dispute that William W. Mumford, the plaintiff’s testator, prior to 1830 owned this land. Wm. W. Mumford died in 1848. The title of the defendants, who claimed the premises in fee, depends upon the following facts: In 1826 or 1827, Mumford, being the owner of a considerable tract, embracing the premises in dispute, employed Elisha ' Johnson to make a survey and map of the tract, laying it out into…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Eo exceptions having been taken to any decision of the judge upon any question of law, and no request made to him to submit the case to the jury upon any question of fact, 'his direction to them to find a verdict for the plaintiff cannot he matter of objection or exception here. The questions now presented to the court should therefore be considered as upon a case without exceptions. If we can see upon the whole case that the verdict for the plaintiff was not warranted by the law or the evidence, it will he our duty to order a new trial. What the jury would…
2Cases cited2 opinions
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3Cited by9 opinions
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- Draper v. TrescottNew York Supreme Court · 1859
- City of Hammond v. MaherIndiana Court of Appeals · 1903
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