DuFort v. Conroy — 4 Thomp. & Cook 696

Majority

p. 696

DuFort v. Conroy, appellant.

Headnote

Adverse possession—division fence.

The owners of adjoining lots occupied up to a division fence for more than thirty years. Held, sufficient to give each title by adverse possession up to the fence. Bobinson v. Phillips, l.N. Y. Sup. 151.

Appeal from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought in Jefferson county by Auguste Du Fort against Bridget Conroy, to recover possession of a strip of land about two feet wide, claimed by both parties, who owned adjoining lands.

B. Bagley, for appellant.

I). O'Brien, for respondent.

The only material point passed upon in the opinion is sufficiently stated in the head-note.

Judgment reversed and new trial ordered.