Jackson ex dem. Ellice v. Britton
New York Supreme Court
This was an action of ejectment, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of ejectment, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff produced a lease from Alexander Ellice, the ancestor of the lessors of the plaintiff, to the defendant, bearing date October 3d, 1796, demising to the defendant" in fee, subject to an annual rent of $6, a lot in the village of Little Falls described as “lot No. one on Catharine-street, being 110 feet in front, and 39 feet in rear, and 120 feet in depth; bounded on the east by lot No. two in Catharine-street, on the south on…
1Opinion of the Court
By the Court,
Marcy, J.
The general rule of law that in settling boundaries, natural or artificial objects are to control courses and distances, is not disputed. These objects control, it is admitted, because they are most certain; but it is supposed by the plaintiff in this case that the rule ought not to apply if the course or distance is certain, and the natural or artificial monument referred to in the deed is uncertain. There is no conflict about the boundaries on the west, south *510and north of lot No. one on Catharine-street, to which the defendant has title, and within which he contends…
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