32 N.Y.S. 665 | N.Y. Sup. Ct. | 1895
Plaintiff derived possession of the cutter in the year 1885 or 1886 from Mrs. Harmon. When he visited her house, the cutter was in her possession. He entered into negotiations with her for the purchase thereof, and consummated it by paying her $3.50. She, by her conversations and declarations made
2. It is insisted in behalf of the plaintiff that he remained in possession of the cutter more than six years next preceding the commencement of the action, and more than six years next preceding the seizure of it by defendant, and therefore that the defendant’s right to take from him the possession of the cutter is barred by the statute of limitations. See Code Civ. Proc. §§ 380, 382, 397. Some of the evidence would seem to indicate, although not very clearly, that the plaintiff had possession of the cutter, to the knowledge of the defendant, more than six years prior to the 4th of February, 1893, when the defendant took the same out of the possession of the plaintiff. Possibly the evidence may have led the jury to find that the plaintiff had had possession of the property for more than six years prior to the taking of the same from his possession by the defendant, and, if the facts were thus found, the verdict may have been predicated upon the idea that the defendant’s right was barred by the statute of limitations. Duryea