Lebarron v. . Babcock
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the fifth judicial department, made December 30, 1887, which reversed a judgment in favor of plaintifÉ entered upon a verdict, and reversed an order denying a motion for a new.trial and granted a new trial. The nature of the action and the material facts are stated in the opinion. Ho question was before the General Term but questions of law based upon the exceptions.
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Appeal from order of the General Term of the Supreme Court of the fifth judicial department, made December 30, 1887, which reversed a judgment in favor of plaintifÉ entered upon a verdict, and reversed an order denying a motion for a new.trial and granted a new trial. The nature of the action and the material facts are stated in the opinion. Ho question was before the General Term but questions of law based upon the exceptions. (Hinman v. Stillwell, 34 Hun, 180; Stedman v. Batchelder, 28 N. Y. S. R. 437.) The plaintiff was in possession by virtue of his own right as a tenant in common. He had…
1Opinion of the Court
Follett, Ch. J.
March 19, 1882, Lineas LeBarron, the elder, died intestate, seized of a farm of 233 acres, and leaving eleven children, Ms only heirs, one of whom is the plaintiff,. and another is the wife of Alphonso House, one of the defendants. The plaintiff Avas the administrator of his father’s estate, and being in possession of the. farm in the year 1885, he-plowed two and a half acres of land and soAved it to oats. Hpon the farm there Avas about forty acres of meadow land. In August of that year he cut these oats and also the grass on about fifteen acres of the meadow. He left the oats…
2Cases cited6 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Wilson v. ReedNew York Supreme Court · 1808
- Woolever v. KnappNew York Supreme Court · 1854
- Bird v. BirdSupreme Court of Florida · 1875
- Russell v. . AllenNew York Court of Appeals · 1855
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3Cited by23 opinions
- Puget Sound Gillnetters Association v. United States District Court for the Western District of Washington, United States of America, Real Parties in Interest. Columbia River Fishermen's Protective Union, Inc., Petitioners v. United States District Court for the District of Oregon, and United States of America, Real Parties in Interest-Appellees. United States of America v. State of WashingtonCourt of Appeals for the Ninth Circuit · 1978
- Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
- Haberman v. HabermanAppellate Division of the Supreme Court of the State of New York · 1995
- Kraus v. KrausNew York Court of Appeals · 1928
- Mott v. . UnderwoodNew York Court of Appeals · 1896
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