Jackson ex dem. Rogers v. Clark
New York Supreme Court
THIS was an action of ejectnlent, and was tried at the Saratoga circuit, in 1810, before Mr. Justice Van Ncs~. The plaintiff claimed title to lot No. 1. of the subdi-? . . - ; - . , .... c . vision, or lot No. 3. m the division or great lot No. 10. in the 21st allotment of the patent of Kayaderosseras, containing 155 acres, situate in the town of Providence, in the county of Saratoga.
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THIS was an action of ejectnlent, and was tried at the Saratoga circuit, in 1810, before Mr. Justice Van Ncs~. The plaintiff claimed title to lot No. 1. of the subdi-? . . - ; - . , .... c . vision, or lot No. 3. m the division or great lot No. 10. in the 21st allotment of the patent of Kayaderosseras, containing 155 acres, situate in the town of Providence, in the county of Saratoga. At the trial, the plaintiff produced a mortgage in fee, from William Clark to Rogers, one of the lessors, dated the 4th September, 1797, to secure the payment of 50 dollars, on or before the 1st September, 1801.…
1Opinion of the CourtSpencer, J.
The rules which govern the construction of grants have been settled with the greatest wisdom and accuracy. The following principles will govern the construction of this deed. Such construction is to be given as will give effect to the intention of the parties, if the words they employ will admit of it; ut res magis valeat quam, pereat. If there are certain particulars once sufficiently ascertained, which designate the thing intended to be granted, the addition of a circumstance, false or mistaken, will not frustrate the grant; as in Blague v. Gould, (Cro. Car. 447.473.) the-re was a devise of…
2Cited by32 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Bunce v. ReedNew York Supreme Court · 1853
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Gebhard v. SattlerSupreme Court of Iowa · 1874
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