Lewis v. Berleue

Appeal from a judgment of the Supreme Court in favor of defendants, entered April 17, 1974 in Schuyler County, upon a decision of the court at a Trial Term, without a jury. The instant dispute between the litigants, adjoining landowners, followed a 1971 survey which defendants had made prior to the purchase of their cottage property. The trial court concluded that the boundary line had not-previously been the subject of "concern or controversy” and that the controlling instruments and the survey indicated defendants’ ownership of the disputed area. Plaintiffs urge the boundary line was…