Peattie v. Gabel
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Edward Gabel and Helen L. Gabel, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 8th day of February, 1912, upon the verdict of a jury adjudging the plaintiff to be the owner in fee of an undivided four-fifths of the premises described in the complaint and the defendant Helen L. Gabel of an undivided one-fifth thereof.
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Separate appeals by the defendants, Edward Gabel and Helen L. Gabel, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 8th day of February, 1912, upon the verdict of a jury adjudging the plaintiff to be the owner in fee of an undivided four-fifths of the premises described in the complaint and the defendant Helen L. Gabel of an undivided one-fifth thereof. Also, separate appeals by the said defendants from an order entered in said clerk’s office on the 2d day of February, 1912, amending the complaint to conform to…
1Opinion of the Court
Foote, J.:
One of the principal questions of fact litigated upon the trial and submitted to the jury was whether Daniel Waterman had maintained an adverse possession of the property since the tax deed to him on September 12, 1881, or shortly thereafter. The learned trial judge held that if Daniel Waterman had maintained adverse possession of the premises for more than twenty years, then plaintiff had good title and a right to recover possession. Without reviewing the evidence in detail, we think it was sufficient prima facie to justify and require the trial court to submit the question to the…
2Cases cited4 opinions
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Dibble v. ColeAppellate Division of the Supreme Court of the State of New York · 1905
- Gabel v. Williams, New York County Courts1902
3Cited by3 opinions
- Goff v. ShultisNew York Court of Appeals · 1970
- Gjokaj v. FoxAppellate Division of the Supreme Court of the State of New York · 2006
- Goff v. ShultisAppellate Division of the Supreme Court of the State of New York · 1967