Donohue v. . Whitney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This was an action for trespass. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This was an action for trespass. The facts, so far as material, are stated in the opinion. The plaintiff having no deed which would cover the encroachment, it was error to allow him to introduce in evidence what is called the Wey sketch, plot or map. (Tittering v. Tees, 78 Tex. 567; Harmer v. Morris, 1 McL. 44; U. S. v. Hansan,…
1Opinion of the CourtMaynard, J.
The only question litigated in this action was the true location of the plaintiff’s easterly boundary line. The premises are a part of Great Lot 8, Hardenburgh Patent, town of Shandaken, "Ulster county, which has been subdivided by a line traversing it from its northerly to its southerly bounds, or from the Greene county line to Great Lot Bo. 7.
The lands on the east of this subdivision line are known as the Livingston tract, and on the west as the Elmendorf and Duer tracts. The defendant is in possession and claims to be the owner of about one thousand acres in the Livingston allotment, and…
2Cases cited3 opinions
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Munro v. . MerchantNew York Court of Appeals · 1863
3Cited by20 opinions
- West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Court of Appeals for the Second Circuit · 1987
- Bunger v. GrimmSupreme Court of Georgia · 1914
- Goff v. ShultisNew York Court of Appeals · 1970
- Seabrook v. Coos Bay Ice Co.Oregon Supreme Court · 1907
- Welde v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1969
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