Legal Opinion

Graves v. . White

New York Court of Appeals

Decided January 17, 1882PublishedCited by 56 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, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtFinch, J.

' This was an action of ejectment. The defense was a general denial and a claim of adverse possession. The plaintiff established a legal title to the land in1 dispute. The defendant showed no title, and failed entirely to prove an adverse possession. He had no defense to the action, unless the written agreement between his grantor, Mattison, and the plaintiff for an exchange of lands was available for that purpose. That agreement, however, he repudiated. The referee finds upon -sufficient evidence that the defendant at first proposed to carry out the agreement for an exchange, to which tjie…

2Cases cited5 opinions

  1. Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
  2. Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
  3. Pierce v. TuttleNew York Supreme Court · 1868
  4. Tice v. . ZinsserNew York Court of Appeals · 1879
  5. Clarkson v. CarterNew York Supreme Court · 1824

3Cited by56 opinions

  1. Hicks v. LovellCalifornia Supreme Court · 1883
  2. Jakober v. E. M. Loew's Capitol Theatre, Inc.Supreme Court of Rhode Island · 1970
  3. Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
  4. Randolph v. FieldAppellate Division of the Supreme Court of the State of New York · 1914
  5. Savitsky v. SukenikAppellate Division of the Supreme Court of the State of New York · 1997

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