Jackson ex dem. Nellis v. Dysling
New York Supreme Court
In this case, which was submitted without argument, a verdict had been taken for the plaintiff, subject to the opinion of the court on these facts: The lessor of the plaintiff owns lot No. 12, and the defendant lot No. 13, in Harrison’s patent in Montgomery.
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In this case, which was submitted without argument, a verdict had been taken for the plaintiff, subject to the opinion of the court on these facts: The lessor of the plaintiff owns lot No. 12, and the defendant lot No. 13, in Harrison’s patent in Montgomery. About 40 years ago, the persons from whom the parties derive title employed a surveyor to run a division line between them, which was done, without any. allowance for the variation of the needle from the year 1725, when the partition deeds of the patent-were executed. Possessions, however, were taken, according to the line thus run, and…
1Opinion of the CourtSpencer, J.
Three questions have been made on the above facts:
1. Whether the possessions, according to Jacob. G. Klock’s line, for forty years, are or are not conclusive against the plaintiff’s right of recovery in this action ?(a)
2. Whether the agreement, in 1789, is or is not binding, it being by parol, and no part of it having been carried into execution, according to the survey then made ?
8. Whether, if this last agreement was obligatory, it has or has not been rescinded by the subsequent agreement ? and whether it was not incumbent on the plaintiff to entitle himself to a recovery, to have proved…
2Cases cited11 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- McCormick v. BarnumNew York Supreme Court · 1833
- Rockwell v. AdamsNew York Supreme Court · 1831
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Kip v. NortonNew York Supreme Court · 1834
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3Cited by18 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Terry v. . ChandlerNew York Court of Appeals · 1857
- Kip v. NortonNew York Supreme Court · 1834
- Shelton v. AlcoxSupreme Court of Connecticut · 1836
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