Crawford v. Loper
New York Supreme Court
MOTION for a new trial, ordered to be heard in the first instance at the general term. The action was ejectment, for a strip o"f land about eight rods wide and about 300 rods long, claimed by the plaintiff as part of lot No. 38, and claimed by the defendant as part of lot No. 39, situated in the town of Addison, Steuben county. It was admitted on the trial that the title to the lot 38 was in the plaintiff, and to lot 39 in the defendant.
Read the full summary
MOTION for a new trial, ordered to be heard in the first instance at the general term. The action was ejectment, for a strip o"f land about eight rods wide and about 300 rods long, claimed by the plaintiff as part of lot No. 38, and claimed by the defendant as part of lot No. 39, situated in the town of Addison, Steuben county. It was admitted on the trial that the title to the lot 38 was in the plaintiff, and to lot 39 in the defendant. These two lots lay side by side, extending lengthwise from the Oanisteo river westwardly to the west bounds thereof; and the real question litigated was,…
1Opinion of the Court
By the Court, Welles, J.
It was admitted upon the trial that Herman Pumpelly was originally the owner of the lots numbers 38 and 39, and that the parties derived their titles— the plaintiff to lot No. 38, and the defendant to lot No. 39, respectively—by virtue of conveyances from him. The plaintiff’s counsel offered in evidence a deed from Charles Wilkes to the said Pumpelly, conveying 12,466$ acres of land including lots No. 38 .and 39, dated January 1,1833, with a map annexed, for the purpose of showing the location of the tract conveyed; to which the defendant’s counsel objected on the…
2Cases cited4 opinions
- Clark v. VorceNew York Supreme Court · 1836
- Fleming v. HollenbackNew York Supreme Court · 1849
- Jackson ex dem. Parker v. HobbyNew York Supreme Court · 1823
- Richardson v. GereNew York Supreme Court · 1839
3Cited by1 opinion
- Goodyear v. VosburghNew York Supreme Court · 1870