Cornell v. Todd
New York Supreme Court
Error to Washington C. P. Cornell brought trespass in the court below against John & David Todd, for breaking and entering his dwelling house in Argyle, Washington county; and the question was on the title to the locus in quo.
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Error to Washington C. P. Cornell brought trespass in the court below against John & David Todd, for breaking and entering his dwelling house in Argyle, Washington county; and the question was on the title to the locus in quo. The plaintiff gave in evidence a warranty deed from Archibald Robertson and his wife to the plaintiff and his brother Sidney Cornell, dated April 18,1829, and recorded on the 12th of May following, by which, for the consideration of $250, Robertson and wife conveyed to the Cornells in fee a piece of land in the northwest corner of farm lot number 88, in said town of…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The case is shortly this : Robertson, being the owner of a large tract of land, conveyed to the plaintiff and his brother, by metes and bounds, a piece containing ten acres, which included the dwelling house in question; and the deed contained no exception or reservation whatever. By another deed of the same date Robertson conveyed to the same persons, by metes and bounds, a farm containing one hundred and ten acres of land, adjoining on two sides the ten acre piece, but not including any part of it. There is an exception in this deed of one acre and 28 rods of…
2Cases cited2 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
3Cited by23 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Craig v. . WellsNew York Court of Appeals · 1854
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Bailey v. Railroad Co.Supreme Court of the United States · 1873
- Mott v. . RichtmyerNew York Court of Appeals · 1874
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