Kennedy v. Smith — 237 N.Y. 516

Majority

p. 516

George H. Kennedy et al., as Executors of Louisa Stamp, Deceased, Respondents, v. Edward Smith et al., Appellants.

Headnote

Beal property — title — acquisition of title by adverse possession.

Kennedy v. Smith, 204 App. Div. 628 , affirmed.

(Argued October 22, 1923;

decided November 20, 1923.)

Appeal from a judgment, entered March 28, 1923, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment m iavor oi defendants entered upon a decision of the court on trial at an Equity Term and directing judg

p. 517

ment in favor of plaintiffs upon additional findings. This action was brought to determine the title to a certain piece of real property situate on the northwest corner of South Park avenue and Abbott road in the city of Buffalo. The plaintiffs claim the property as the executors of the estate of Louisa Stamp, deceased, and those of the defendants who have appeared and answered claim the property as heirs at law of one Michael Roberts, deceased, former husband of said Louisa Stamp. The Appellate Division held that Louisa Stamp, at the time of her death, had acquired title by adverse possession.

Carlos C. Alden for appellants.

George H. Kennedy for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.