Seders v. Sternbergh
New York Court of Appeals
Peter W. Enders and others sued Adam Sternbergh and others, in ejectment, in the supreme court, to recover a lot of land containing one hundred and six acres, lying in the Sternbergh patent, and another lot of land containing sixty acres, lying in Morris and Coeyman’s patent. First Appeal: September, 1864 On the first trial they recovered the sixty acres in Morris and Coeyman’s patent, lying in the town and county of Schoharie.
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Peter W. Enders and others sued Adam Sternbergh and others, in ejectment, in the supreme court, to recover a lot of land containing one hundred and six acres, lying in the Sternbergh patent, and another lot of land containing sixty acres, lying in Morris and Coeyman’s patent. First Appeal: September, 1864 On the first trial they recovered the sixty acres in Morris and Coeyman’s patent, lying in the town and county of Schoharie. The facts were stated as follows, in the opinion of Hoge~ boom, J., below; “The plaintiffs are children of Catharine and Elizabeth Enders, who were grandchildren of of…
1Opinion of the CourtHogeboom, J.
The nonsuit was properly refused irrespective of the question whether the limitation applicable to the case Was twenty or twenty-five years. To make the limitation applicable at all on such a motion, there must have been evidence of adverse possession, and that evidence must have been substantially uncontroverted or so greatly preponderant as to over • throw a verdict rendered in opposition to it. To justify the defense of adverse possession, the possession must appear to have not only been adverse, but continually and uninterruptedly so. Colvin v. Burnet, 17 Wend. 564; Brandt v. Ogden, 1…
2Cases cited19 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Riggs v. TayloeSupreme Court of the United States · 1824
- Blade v. NolandNew York Supreme Court · 1834
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Colvin v. BurnetNew York Supreme Court · 1837
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3Cited by2 opinions
- Freedman v. . OppenheimNew York Court of Appeals · 1907
- Dodge v. . GallatinNew York Court of Appeals · 1891