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Home > Art, Film & Photography > Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume . 66
Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume . 66

Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume . 66


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...left after the tree was cut down and removed. The possession of land, in law, presumptively, accompanies the title; and this presumption is only to be overthrown by showing a different possession in fact. A party cannot lie by, at the trial, and suffer the court to direct a verdict on the assumption that there is no question of fact involved, and then, on a general objection to the direction, claim that there is a question of fact to be submitted to the jury, which he did not suggest on the trial. A general objection, to the whole charge of the judge, presents no question for review. MOTION for a new trial on exceptions taken by the defendant at the Seneca circuit, and ordered to General Term in the first instance. C. H. Weed, for the motion. Burton & Ten Eyck, opposed, Frantz v. Ireland. By the Court, Talcott, J. This is an action of trespass for entering upon certain land of the plaintiff, part of lot 28, in the town of Fayette. The defendant pleaded title. The case has been before ns on a former occasion. (4 Lans. 278.) On that occasion we held that the former recovery by the now plaintiff, in the action of ejectment brought against him by a predecessor of the present defendant, if the title of the same land was in question, was presumptively conclusive upon the title to the land in controversy, which is a strip lying along the line which divides the lands of the parties, and the controversy being, to which it belongs. We furthermore held that as the judgment in the former action purported to have been rendered on a verdict, such statement of the record must be taken as true, and until the record was amended or set aside, it could not be contradicted, in this collateral action, by the minutes of the clerk or otherwise. We furthermore held that the de...


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Product Details
  • ISBN-13: 9781232353720
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 246
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1232353728
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 445 gr


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Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume . 66
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