Roat v. Puff
New York Supreme Court
Error to the Tompkins common pleas. The action was for a breach of the covenant contained in a deed, as to the quantity of land conveyed. On the trial in the court below the plaintiff was nonsuited; and having filed a bill of exceptions he brought a writ of error to reverse the judgment. The facts will be found in the opinion of the court.
1Opinion of the Court
By the Court,
Mason, J.
There is but a single point in this case, and that turns upon the construction of a single sentence in the deed upon which the aption is brought. The deed contains covenants of warranty, and the premises are described by metes and bounds, giving courses and distances on all sides of the premises but one, and upon that side the description is as follows: “ Thence up the said creek northwestwardly along the channel thereof to the west line pf said lot.” There is no complaint of any ambiguity in this description. The deed, after .describing the premises by metes gad bounds,…
2Cases cited10 opinions
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Preston's Heirs v. BowmarSupreme Court of the United States · 1821
- Smith v. EvansSupreme Court of Pennsylvania · 1813
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3Cited by7 opinions
- Docter v. HellbergWisconsin Supreme Court · 1886
- Carter v. BeckSupreme Court of Alabama · 1867
- Burbridge v. SadlerWest Virginia Supreme Court · 1899
- Beattie v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1923
- Andrews v. RueSupreme Court of New Jersey · 1871
2 more not listed; retrieve them via the Exa API.