Bates v. Tymason
New York Supreme Court
This was an action for breach of the covenants of seisin and quiet enjoyment, contained in a deed executed by the defendant to one Calvin May, of whom the plaintiff is the assignee, by sundry mesne conveyances. The action was tried at the Otsego circuit in April, 1833, before the Hon. Robert Monell, one of the circuit judges.
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This was an action for breach of the covenants of seisin and quiet enjoyment, contained in a deed executed by the defendant to one Calvin May, of whom the plaintiff is the assignee, by sundry mesne conveyances. The action was tried at the Otsego circuit in April, 1833, before the Hon. Robert Monell, one of the circuit judges. By the deed from Tymason to May, bearing date 30th May, 1812, the grantor, for the consideration of $1500, conveyed certain premises, described as follows: “ All that certain piece or parcel of land, situate, lying and being in the town of Cherry Valley, in the county of…
1Opinion of the Court
By the Court,
Nelson, J.
The deed from the defendant to May conveys a certain parcel of land, known and distinguished as the farm or subdivision No. one of lot No. 60,and such subdivisions describedasbeginningai thesouth-east corner of the said lot No. 60, in the line of Lindsey and Rose-boom’s tract, and running thence, See. The whole question turns upon the location of this comer,the starting point; and the only difficulty attending it grows out of the contradictory terms used in the deed when applied to the objects therein designated. The south-east corner of lot No. 60 is well ascertained…
2Cases cited2 opinions
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Jackson ex dem. People v. WendellNew York Supreme Court · 1830
3Cited by4 opinions
- Gray v. StiverIndiana Supreme Court · 1865
- Raymond v. NashSupreme Court of Connecticut · 1889
- Doe v. Mayor, Alderman, and Common Council of MobileSupreme Court of the United States · 1850
- Breck v. YoungSuperior Court of New Hampshire · 1841