Appellate Division of the Supreme Court of New York, 1922

Kiernan v. Haff

Kiernan v. Haff
Appellate Division of the Supreme Court of New York · Decided February 15, 1922
200 A.D. 915
Kiernan v. Haff

Opinion of the Court

Judgment reversed, with costs, and judgment unanimously directed for the defendant, with costs. We think upon the evidence contained in the record that the maintenance of the barn in question and the toilet, for upwards of twenty-five years, with the acquiescence of plaintiffs’ grantors constituted a practical location of the boundary line in dispute within the authorities. (Katz v. Kaiser, 154 N. Y. 294; Ford v. Schlosser, 13 Misc. Rep. 205.) Blackmar, P. J., Kelly, Manning, Kelby and Young, JJ., concur. Settle order and findings in accordance with this memorandum before Mr. Justice Young.

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