Stowers v. . Gilbert
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered April 18, 1895, which modified a judgment in favor of the plaintiff entered upon the report of a. referee, and, as so modified, affirmed it. The nature of the action and the facts, so far as material, are stated in the opinion. The division line between the parties, as found by the referee, cannot be supported by the evidence in this case on any possible theory.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered April 18, 1895, which modified a judgment in favor of the plaintiff entered upon the report of a. referee, and, as so modified, affirmed it. The nature of the action and the facts, so far as material, are stated in the opinion. The division line between the parties, as found by the referee, cannot be supported by the evidence in this case on any possible theory. (Kingsland v. Chittenden, 6 Lans. 15; 1 Am. & Eng. Ency. of Law [2d ed.], 887; Doherty v. Matsell, 119 N. Y. 646; Jones v.…
1Opinion of the CourtBartlett, J.
This is an equitable action, brought for the purpose of restraining defendant from erecting a brick wall which plaintiff avers encroached upon her land, and to recover damages for the alleged trespass. The plaintiff and defendant are adjoining owners of land situate upon the north side of Atkinson street, in the city of Rochester, the premises of the defendant lying next east of the plaintiff’s. The referee found that the plaintiff’s house has stood in its present position for many years, and is within or west of the true line between plaintiff’s and defendant’s lands. It is also found that…
2Cases cited5 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- Pond v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1889
- Plate v. . New York Central R.R. Co.New York Court of Appeals · 1868
3Cited by26 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Lyons v. Fairmont Real Estate Co.West Virginia Supreme Court · 1912
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Dietzel v. . City of New YorkNew York Court of Appeals · 1916
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