Fosgate v. Herkimer Manufacturing & Hydraulic Co.
New York Supreme Court
This was an action of ejectment tried before the Hon. P. Gridley, one of the justices of this court, at the Herkimer circuit in September, 1851. By consent of parties a verdict was taken for the plaintiffs subject to the opinion of the court upon á case to be made, with leave to either party to turn such case into a bill of exceptions. The plaintiffs claimed title to the premises in question as heirs at law of Bela Fosgate deceased.
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This was an action of ejectment tried before the Hon. P. Gridley, one of the justices of this court, at the Herkimer circuit in September, 1851. By consent of parties a verdict was taken for the plaintiffs subject to the opinion of the court upon á case to be made, with leave to either party to turn such case into a bill of exceptions. The plaintiffs claimed title to the premises in question as heirs at law of Bela Fosgate deceased. It was proved on the trial that Bela Fosgate obtained a conveyance of the premises from John Suiter, dated March 16, 1813, and recorded the same month. Soon…
1Opinion of the Court
*356 By the Court,
Hubbard, J.
The question of adverse possession was disposed of upon a former appeal. (9 Barb. S. C. Rep. 287.) The case is now strengthened on the part of the plaintiffs by the additional proof of the written contract of sale of the premises from Bela Fosgate to John Suiter. This contract completely silences all pretense of an adverse occupation by the manufacturing company or their grantors. Bela Fosgate obtained the legal title in 1813, and from that time occupied till 1821, when he sold the premises to Suiter, who then went into possession under this contract. The contract was…
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