SCHWEITZER v. HEPPNER


212 A.D.2d 835 (1995)

622 N.Y.S.2d 142

Abraham Schweitzer, Appellant, v. Hubertus F. Heppner et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 2, 1995


Cardona, P. J.

In 1949, Herbert Shultis and Nellie Shultis, the owners of a large parcel of rural land, conveyed a small lot to plaintiff. Herbert Shultis, who was not a surveyor, laid out and measured the lot. Plaintiff's rear and easterly boundary line is described as follows: "running thence in a northerly direction 144 feet more or less, in a straight line to a cherry tree" (emphasis supplied).

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