Heintz v. Dellinger
New York Supreme Court
This is an application for a certificate of the court showing that title to land came in question on the trial of this cause (Code, § 304, sub. 1). The trial took place at the circuit court in Genesee county, in June, 1864. In the complaint, the plaintiff set forth by metes and bounds, a description of certain real estate, which he claimed to own, and on which it was alleged the defendant had trespassed.
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This is an application for a certificate of the court showing that title to land came in question on the trial of this cause (Code, § 304, sub. 1). The trial took place at the circuit court in Genesee county, in June, 1864. In the complaint, the plaintiff set forth by metes and bounds, a description of certain real estate, which he claimed to own, and on which it was alleged the defendant had trespassed. The defendant in his answer admitted that the plaintiff was the owner of the property thus described. Upon the trial it appeared that the parties were occupants of adjoining lots in the…
1Opinion of the CourtDaniels, J.
The evidence before the court and jury upon that question consisted chiefly of measurements of certain distances. By those made and proven on behalf of the plaintiff, the defendant’s addition was shown to extend over upon the premises described in the complaint, while those on the part of the defendant excluded it from them. The question became, therefore, one of location solely, depending upon the accuracy of the respective measurements. If those relied upon by the plaintiff were correct, the effect of the defendant’s answer was to admit that the addition was over upon the plaintiff’s land,…
2Cases cited2 opinions
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- Manfredi v. WiedermanNew York Court of Common Pleas · 1895