Legal Opinion

Driggs v. . Phillips

New York Court of Appeals

Decided October 5, 1886PublishedCited by 55 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, .which affirmed a judgment in favor of defendants, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The undisputed facts show title in plaintiff under written contract of Williams. (Jackson v. Leann, 3 Johns. Cas. 124.) And also by adverse possession. (Code of Civ.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, .which affirmed a judgment in favor of defendants, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The undisputed facts show title in plaintiff under written contract of Williams. (Jackson v. Leann, 3 Johns. Cas. 124.) And also by adverse possession. (Code of Civ. Pro., § 369; 2 E. S. [2d ed.] 222, § 9; id., §§ 370, 10; 372, 12 ; 3 R. S. [2d ed.] 669; Finley v. Cook, 54 Barb. 9 ; Smith…

1Opinion of the CourtDanforth, J.

The action was brought to recover damages for an alleged trespass by the defendants upon land of which the plaintiff claimed possession and ownership. At the trial it appeared that the premises were part of a large tract of land, which, in 1827, was granted by the State to Burrows, Williams and others, who in 1828, made a partition of the same, and described the various • parcels as bounded in part by certain streets and highways, and among others “by the highway formed by the continuation of the military road,” referring also to a map of the village of Tonawanda, made by Colton Fletcher in…

2Cases cited5 opinions

  1. Wylie v. . Marine National BankNew York Court of Appeals · 1875
  2. Mills v. HallNew York Supreme Court · 1832
  3. Vedder v. . FellowsNew York Court of Appeals · 1859
  4. Bridges v. . WyckoffNew York Court of Appeals · 1876
  5. Kellogg v. . ThompsonNew York Court of Appeals · 1876

3Cited by55 opinions

  1. Belotti v. . BickhardtNew York Court of Appeals · 1920
  2. Ralston v. Town of WestonWest Virginia Supreme Court · 1899
  3. Buntin v. City of DanvilleSupreme Court of Virginia · 1896
  4. Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
  5. Quinn v. BaageSupreme Court of Iowa · 1907

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