Wheeler v. . Spinola
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. This was an action for trespass, and was originally commenced in' Justice’s Court. A plea of title having been there interposed, the action was discontinued and commenced in the Supreme Court. The sole question litigated at the trial was one of title.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. This was an action for trespass, and was originally commenced in' Justice’s Court. A plea of title having been there interposed, the action was discontinued and commenced in the Supreme Court. The sole question litigated at the trial was one of title. The locus in quo was described in the complaint as follows : “ All that tract of meadow land situate at ■ Flax pond, near Craine Heck,…
1Opinion of the Court
Earl, C.
The complaint alleges that on the first day of September, 1869, the plaintiff “ was, and for a long time previous had been, and since that time has been and is now the owner in fee simple and possessed of all that tract of meadow land” described. The answer, without denying anything alleged in the complaint, alleges title to the lands in the defendant.
The plaintiff’s possession during the period mentioned in the complaint is not denied and cannot therefore be disputed. Upon the pleadings, therefore, the plaintiff had &primafacie case; and at the trial the defendant held the…
2Cases cited5 opinions
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- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Lane v. GouldNew York Supreme Court · 1850
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- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
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