Dumond v. Sharts
New York Court of Chancery
In January, 1818, Dumond agreed with Sharts to exchange his farm in Hillsdale, supposed to contain 217 acres, for the farm of the latter, lying in Chatham, which was estimated at 150 acres. Sharts agreed to pay the complainant at the rate of $37,50 per acre for the difference in quantity between the two farms. Conveyances were accordingly executed, and the defendant paid the difference between 150 and 217 acres, at the rate agreed upon by the parties.
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In January, 1818, Dumond agreed with Sharts to exchange his farm in Hillsdale, supposed to contain 217 acres, for the farm of the latter, lying in Chatham, which was estimated at 150 acres. Sharts agreed to pay the complainant at the rate of $37,50 per acre for the difference in quantity between the two farms. Conveyances were accordingly executed, and the defendant paid the difference between 150 and 217 acres, at the rate agreed upon by the parties. Another writing was also executed by them at the sáme time, by which it was agreed that if upon a subsequent survey of the farms any error…
1Opinion of the Court
The Chancellor.
The only questions before me at this time are as to the ¡and covered by the road, and as to costs. It appears that the .road formerly. laid out for The Chathan Turnpike Company runs partly through the farm , and partly on one side thereof. And I infer from the evidence in the cause and from the master’s report, that the land covered by the road is included in the general boundaries of the farm as described in the deed to Dumond; and that it is not excepted out of the conveyance. If such is the fact, Dumond has no right to compensation in this suit oh account of the land…
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