French v. Wray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma Mann Wray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 5th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day on June, 1911, denying the defendant’s motion to set aside the verdict and for a new trial made upon the minutes. .
1Opinion of the Court
Kellogg, J.:
■ The calls of the patents cannot with great confidence be placed upon the ground. The starting point was a rock marked “ W. F.,” situated upon, a rocky point. The marks cannot be found and it difficult to tell from what particular rock the survey started. The controversy arises from the plaintiff’s locating the starting point in the survey some 200 or 250 feet south of the point where the defendant starts. The defendant has the advantage in the line which she claims of finding blazed and marked trees, the blazes and marks apparently having been made about the time the original…
2Cited by4 opinions
- Erie Railroad v. KaplowitzNew York Supreme Court · 1954
- Granada v. d'AllesandroNew York Supreme Court · 1916
- French v. WrayAppellate Division of the Supreme Court of the State of New York · 1915
- French v. WrayAppellate Division of the Supreme Court of the State of New York · 1913