Dale v. Jackson

New York Supreme Court

Dale v. Jackson

8 N.Y.S. 715, 5 Silv. Sup. 515, 30 N.Y. St. Rep. 373, 1890 N.Y. Misc. LEXIS 1732

DecidedFebruary 12, 1890

StatusPublished

This text of 8 N.Y.S. 715 (Dale v. Jackson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dale v. Jackson, 8 N.Y.S. 715, 5 Silv. Sup. 515, 30 N.Y. St. Rep. 373, 1890 N.Y. Misc. LEXIS 1732 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Dykman, J.

This is an action of ejectment for the recovery of a long, narrow strip of land, lying between two lines which are claimed by the par[716]*716ties to be the dividing line between their lands. The question involved is therefore one of boundary, and not of title. The trial of the action was before a referee, who reported in favor of the plaintiff, and the defendant has appealed from the judgment. After a careful examination, we find no merit in the appeal. The boundary line has been established where the referee has located it since the year 1839, and the owners of both these parcels have acquiesced in such location, and the occupancy of the strip of land has always been in conformity and harmony with such location. There is no doubt about the case, and the judgment should be affirmed, with costs.

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Dykman, J.

This is an action of ejectment for the recovery of a long, narrow strip of land, lying between two lines which are claimed by the par[716]*716ties to be the dividing line between their lands. The question involved is therefore one of boundary, and not of title. The trial of the action was before a referee, who reported in favor of the plaintiff, and the defendant has appealed from the judgment. After a careful examination, we find no merit in the appeal. The boundary line has been established where the referee has located it since the year 1839, and the owners of both these parcels have acquiesced in such location, and the occupancy of the strip of land has always been in conformity and harmony with such location. There is no doubt about the case, and the judgment should be affirmed, with costs.

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Bluebook (online)

8 N.Y.S. 715, 5 Silv. Sup. 515, 30 N.Y. St. Rep. 373, 1890 N.Y. Misc. LEXIS 1732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dale-v-jackson-nysupct-1890.