Palmer v. Safft — 56 N.Y. Super. Ct. 594

Majority

p. 594

ANN MARIA PALMER, Plaintiff v. GEORGE H. SAFFT, Defendant.

Headnote

Ejectment; adverse possession is established where the premises sought to be recovered have been for the twenty years immediately prior to the commencement of the action inclosed by a substantial inclosure, and have during all that time been in the possession of the defendant and his grantors claiming title thereto, and neither the plaintiff nor his ancestors, predecessors or grantors have been seised or possessed thereof within that period.

Before Sedgwick, Ch. J., Freedman and Ingraham, JJ.

Decided January 7, 1889.

This is an action of ejectment. A verdict was directed for the plaintiff, and exceptions were ordered to be heard at the General Term.

McKoon & Foote, attorneys, and D. D. McKoon of counsel for plaintiff.

Eugene K. Sackett, attorney, and Lemuel Skidmore, of counsel for defendant.

held “ as set forth in the head note, citing Code of Civil Procedure, §§ 365-372; Page v. Waring, 103 AT". Y. 636; and held that there was sufficient evidence of the facts constituting

p. 595

adverse possession to carry the case to the jury; and therefore sustained defendant’s exceptions and ordered a new trial.”

Sedgwick, Ch. J., and Freedman, J. concurred.