Thompson v. Burhans
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee, in an action of ejectment. The referee found and reported the following facts : First. That the plaintiff was and is the owner in fee, and was in possession of the undivided five sixteenths parts of the premises described in the complaint, being the northerly part of township number 47, in the division of Totten & Crossfield’s purchase into townships, and more fully described in the complaint.
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APPEAL by the defendants from a judgment entered upon the report of a referee, in an action of ejectment. The referee found and reported the following facts : First. That the plaintiff was and is the owner in fee, and was in possession of the undivided five sixteenths parts of the premises described in the complaint, being the northerly part of township number 47, in the division of Totten & Crossfield’s purchase into townships, and more fully described in the complaint. Second. That before the commencement of this action the defendants wrongfully entered into the possession of said premises,…
1Opinion of the Court
By the Court, Bockes, J;
This is an action of ejectment. The premises in question, according to the plaintiff’s claim, constitute the north portion of township 47, in Totten & Crossfield’s purchase, in the county of Essex.
The point in dispute, is the location of the north line of the township. The plaintiff insists that the township extends to the south line of what is known as the Macomb purchase; whereas the defendants insist that it does not reach to that line by about ninety chains, thus leaving a tract of land, or gore, between the north line of township 47, and the Macomb line.
The action…
2Cases cited2 opinions
- Finlay v. CookNew York Supreme Court · 1865
- Parmelee v. Oswego & Syracuse RailroadNew York Supreme Court · 1850
3Cited by3 opinions
- Low v. WebbAppellate Division of the Supreme Court of the State of New York · 1944
- People v. . Santa Clara Lumber Co.New York Court of Appeals · 1914
- Thompson v. BurhansNew York Supreme Court · 1878