Smith v. McNamara
New York Supreme Court
Exceptions ordered to be first heard at General Term. The canse was tried at the Broome county circuit in September, 1868, before the Hon. William Murray, one of the justices of this court, and a jury. The action was for trespass in cutting wood upon a piece of land, of about four acres in extent, situated in lot Ho. 21 in Clinton and Melcher’s Patent, in Broome county.
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Exceptions ordered to be first heard at General Term. The canse was tried at the Broome county circuit in September, 1868, before the Hon. William Murray, one of the justices of this court, and a jury. The action was for trespass in cutting wood upon a piece of land, of about four acres in extent, situated in lot Ho. 21 in Clinton and Melcher’s Patent, in Broome county. The parties were adjoining proprietors, the plaintiff owning the north part, and the defendant the south part of the lot. Both derived title from William Smith, who formerly owned the whole of lot 21, which consisted of I9g£…
1Opinion of the Court
By the Court
Miller, P. J.
The controversy in this case relates to a disputed boundary line between proprietors of. adjoining lands. I think there was no error upon the trial in admitting the declarations of Adam J. Steiner and his heirs after his decease as to the location of the line in question. Upon the trial the plaintiff claimed that the survey of the Chambers line was a practical location of a boundary line, and, even if erroneous, was binding upon the defendant, by reason of the long acquiescence of Steiner and his family in the same. Considerable evidence was introduced to establish…
2Cases cited2 opinions
- Vosburgh v. . TeatorNew York Court of Appeals · 1865
- Abeel v. . Van GelderNew York Court of Appeals · 1867
3Cited by3 opinions
- Diefendorf v. ThomasAppellate Division of the Supreme Court of the State of New York · 1899
- Burke v. JacksonNew York Supreme Court · 1890
- Swettenham v. LearyNew York Supreme Court · 1879