Young v. . Shulenberg
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 19, 1898, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 19, 1898, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in holding that the plaintiff had satisfactorily proven his title to great lot No. 67. (Hyde Park v. Canton, 130 Mass. 505; Duke of Cumberland v. Graves, 9 Barb. 595 ; Greenleaf v. B., F. & C. I. R. R. Co., 132 N. Y. 408.) The trial court erred in its refusal to charge the jury that they…
1Opinion of the CourtVann, J.
The complaint charges the defendant with unlawfully entering upon lands of the plaintiff and cutting down and carrying away a large number of trees therefrom. ¡Neither by his answer nor evidence did the defendant claim the right to enter upon the land in question or to cut trees thereon, but he put at issue the entry by himself, as well as the title of the plaintiff. The land upon which the alleged trespass was committed was virgin forest in the county of Fulton that had never been so inclosed, cultivated or used as to constitute an adverse possession. (Code Civ. Pro. § 370.) The plaintiff…
2Cases cited15 opinions
- Deery v. CraySupreme Court of the United States · 1867
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Jackson ex dem. Ross v. CooleyNew York Supreme Court · 1811
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Aalholm v. . PeopleNew York Court of Appeals · 1914
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Washington v. . Bank for SavingsNew York Court of Appeals · 1902
34 more not listed; retrieve them via the Exa API.