Sackett v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elijah Thomas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Chautauqua on the 9th day of September, 1895, upon the report of a referee. The action was brought in ejectment • to recover possession of a strip of land.
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Appeal by the defendant, Elijah Thomas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Chautauqua on the 9th day of September, 1895, upon the report of a referee. The action was brought in ejectment • to recover possession of a strip of land. The parties owned adjacent; farms, situated in the town of Hanover, in the county of Chautauqua, and the real controversy is over 'the line between the lands of the respective parties; Besides the recovery of. the premises described in the referee’s report there was an award of five…
1Opinion of the Court
Hardin, P. J.:
Appellant has excepted to the referee’s findings of fact. Upon a careful perusal óf the evidence we are of the opinion that it sustains the conclusions of fact reached by the referee. (Roosa v. Smith, 17 Hun, 138; Reynolds v. City National Bank, 71 id. 390; Penfield v. Sage, Id. 575; Burton Co. v. Cowan, 80 id. 392; Thompson v. Vrooman, 21 N. Y. Supp. 179; Teeter v. Teeter, 47 N. Y. St. Repr. 580.) As to some of the essential questions involved in the controversy there, was a conflict'in the . evidence, and it was for the referee to determine that conflict and to apply the…
2Cases cited1 opinion
- Thompson v. VroomanNew York Supreme Court · 1892
3Cited by4 opinions
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- Hart v. TuiteAppellate Division of the Supreme Court of the State of New York · 1902
- O'Neill v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- Newton v. NewtonAppellate Division of the Supreme Court of the State of New York · 1898