[Download] "Henry E. Bassett Et Al. v. Ann M. Nichols" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Henry E. Bassett Et Al. v. Ann M. Nichols
- Author : Supreme Court of New York
- Release Date : January 20, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In our opinion, the record amply supports the finding that defendant and her family occupied the strip of land in dispute openly and notoriously for the statutory period for the acquisition of title by adverse possession and that defendant's claim of title was founded upon a written instrument. Moreover, were we to find that her claim of title was not founded upon a written instrument, we would nonetheless affirm the judgment, since the stone retaining wall which enclosed the strip of land in dispute as part of the main property was sufficient to constitute an ""enclosure"" within the meaning of section 522 of the Real Property Actions and Proceedings Law (McCosker v. Rollie Estates, 7 A.D.2d 865, affd. 8 N.Y.2d 837; Knapp v. City of New York, 140 App. Div. 289; Hill v. Edie, 17 N. Y. St. Rep. 255). Furthermore, within the meaning of the section, the cutting of grass on this strip by defendant and her family sufficiently rendered it ""cultivated"" in view of the character, condition and location of the property under consideration (McCosker v. Rollie Estates, supra ; Ramapo Mfg. Co. v. Mapes, 216 N. Y. 362, 372). Disposition Judgment affirmed, with costs.