Candee v. Burke
New York Supreme Court
Appeal by defendants in an action in which a judgment on a demurrer was affirmed at this term from the judgment on the merits. The action was ejectment, brought in Onondaga county, by William Candee against S. Angeline Burke and others.
1Opinion of the CourtMullin, P. J.
This appeal is in the same action in which a judgment on the demurrer has just been affirmed, this being an appeal from the judgment on the merits.
*144The first defense denies the complaint, except two or three allegations. The second, third and fourth defense set up an adverse possession of one hundred acres secondly described in the complaint by Enos Burke, the husband of S. Angeline Burke, and the father of the other defendants, and since his death for more than twenty years prior to the beginning of the action. In the fifth defense it is alleged that 8. Angeline was married to Enos Burke in…
2Cases cited4 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Cutler v. . WrightNew York Court of Appeals · 1860
- Judd v. . O'Brien WaddleNew York Court of Appeals · 1860
- Olmsted v. HarveyNew York Supreme Court · 1847