Nature of the Case
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Facts
In 1912, Lutz (D) bought lots 14-15 in a large subdivision. Instead of climbing a steep grade to access their lots, D crossed lots 19-22. D cleared a travel way near the northern boundary of the tract to reach his own land. D eventually cleared lots 14-15 and built a house for his family on them. They also cleared part of the land on lots 19-22 and built a house for D’s brother on lot 19. D made improvements, including building a shed, and maintaining a garden and selling its produce in the local neighborhood. D used the land that did not belong to him to grow vegetables. Ion 1937, Van Valkenburgh (P) bought lots and built a home in the same subdivision as D. Some nine years later bad blood developed between P and D. D was actually arrested, jailed, and then released on bail for criminal assault against P’s children. In 1947, P then bought the lots 19-22 at a foreclosure sale for nonpayment of taxes and ordered D to leave. D claimed a prescriptive right to use the traveled way to reach his property. P erected a fence across the traveled way and D sued and won a judgment in June 1948 that held he had a right of way over P’s land. But D, in fact, removed all his buildings etc. from the lots. Another action was commenced against D in April 1948. That suit was tried in 1950 and D prevailed again. The counterclaim was that D had acquired title to the property by adverse possession. The judgment was affirmed by the Appellate Division, and P appealed.
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