Dygert v. Pletts
New York Supreme Court
This was an action of ejectment, tried at the Montgomery circuit in November, 1839, before the Hon. John Willard, one of the circuit judges.
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This was an action of ejectment, tried at the Montgomery circuit in November, 1839, before the Hon. John Willard, one of the circuit judges. The plaintiff, John S. Dygert, shewed title to the premises in question under the last will and testament of his father, who died in 1831. The defendant produced in evidence a sheriff’s deed, bearing date in 1839, executed in pursuance of a sale under a judgment and execution against the plaintiff, conveyed to him certain premises, which he alleged covered the premises in question. The premises were described in '’the [ *403 ] deed as follows: “ All the…
1Opinion of the Court
*By the Court,
Nelson, C. J.
I am of opinion the learned judge erred in his construction of the deed. It is true, looking simply at the lines and bounds given in the deed, there might be some difficulty in determining on which side of the line running easterly the premises lie, whether north or south; but taking them in connection with the preceding part of the description, to wit: “ all the right and title of the said =7. S. Bygert in and to a certain lot of land situate, lying and being on the south side of the Atsquago creek,” the designation seems to me sufficiently certain. It is conceded…
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