Jackson v. Zimmerman
New York Supreme Court
This was a case submitted without argument. The lessor’s father gave him, by will, sixty acres of land, being part of a larger lot, and then described the tract devised, by certain courses and distances, one of the last of which was south six degrees, east six chains, or thereabouts. If this last line was to be only six chains, the lessor would not have sixty acres, but by extending it a few chains, be would have that quantity.
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This was a case submitted without argument. The lessor’s father gave him, by will, sixty acres of land, being part of a larger lot, and then described the tract devised, by certain courses and distances, one of the last of which was south six degrees, east six chains, or thereabouts. If this last line was to be only six chains, the lessor would not have sixty acres, but by extending it a few chains, be would have that quantity. Whether this line ought to be so extended, as with the other courses to include sixty acres, was the question.
1Opinion of the CourtLivingston, J.
It is evidently the testator’s intention to give his eldest son, the lessor of the plaintiff, exactly sixty acres of the lot from which they are to be taken; and he, no doubt, *147supposed that the courses *and distances given would have included that quantity; but lie seems at tbe same time to have been aware that it might not be the case, and for that reason, probably, makes use of the expression, so many chains, or thereabouts. It is the same as if he had first described the courses and distances, and then said, that this line should be six chains, or so long as to include, with the other…
2Cited by1 opinion
- Moore v. Jackson ex dem. ErwinCourt for the Trial of Impeachments and Correction of Errors · 1829