Dike v. Lewis
New York Supreme Court
This was an action of ejectment, tried at the Essex circuit, in June, 1847. The land in dispute is situate in the towns of Elizabeth-town and Lewis. It was proved on the part of the plaintiffs, that as early as 1811, the “ Iron Ore Tract in which the premises in question are situate, was surveyed and subdivided into lots by Silas D. Kellogg.
Read the full summary
This was an action of ejectment, tried at the Essex circuit, in June, 1847. The land in dispute is situate in the towns of Elizabeth-town and Lewis. It was proved on the part of the plaintiffs, that as early as 1811, the “ Iron Ore Tract in which the premises in question are situate, was surveyed and subdivided into lots by Silas D. Kellogg. That according to the field book and map made by him, and filed in the ofiice of the surveyor genera], the land in question was lot No. 227. It was also proved that that lot was by letters patent granted to Ephraim Morgan, on the 16th day of June, 1819,…
1Opinion of the Court
By the Court, Cady, P. J.
The only question in this case is, whether Richard P. Hart acquired title to any part of lot 227, under the comptroller’s deed ? A part of the description in the comptroller’s deed is applicable to lot 227. That lot is bounded on the north and south as is described in the comptroller’s deed. But the description in that deed is false as to the remainder, and as to the fact that it ever belonged to Jonas Morgan. He did formerly own lot No. 228. By the 10th section, chapter 262, of the laws of 1823, page 353, it is made the duty of the assessors in each town, in relation…
2Cited by5 opinions
- Colman v. . ShattuckNew York Court of Appeals · 1875
- People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
- Slud v. Guild Properties, Inc.New York Supreme Court · 1952
- Colman v. ShattuckNew York Supreme Court · 1874
- Thompson v. . BurhansNew York Court of Appeals · 1874