35 A.D. 533 | N.Y. App. Div. | 1898
. The appellant at a partition sale purchased, at public auction, certain real estate situate in the city of New York, and agreed to pay therefor $25,100. At the time of the sale he paid, to apply upon
As to the first objection, proof was presented upon the motion which conclusively established that the northerly wall of the building referred to had been standing' for over thirty years just where it was on the day of the sale, and that during all that time the title to the adjoining land had been in persons of legal age and competent to enforce their legal rights. The affidavit of the present owner of the adjoining land was produced, and was to the effect that she and her immediate predecessor in interest had had title to-an d possession of the adjoining land for over thirty years, during1 which time neither she nor her predecessor in interest “ have ever had or claimed any possession, right, title or interest in the premises in question. It was thus made to appear that the line between the two lots had been actually established and located by the respective owners for over thirty years. Where a division line has been thus established and its location acquiesced in by persons of full age,, having the ability to enforce their legal rights for such a length of time, it cannot thereafter be questioned. A reasonable or prudent, man under such circumstances would not hesitate to take title on that account.
As to the second objection -it is equally apparent that it does not constitute a valid objection to the title. From the affidavits of the various surveyors it appeared that the maximum encroachment on" Goerck street was variously estimated to be from one-half an inch to six inches. But there was no proof that the city of New York
We think the title was a marketable one, and, therefore, the order appealed from should be affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., Patterson, O’Brien and Ingraham, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.