Jackson ex dem. Eyck v. Frost
New York Supreme Court
Ejectment for a lot of land in the Halfmoon patent, in the county of Saratoga, tried at the circuit in that county, December 29th, 1823, before Walworth, C. Judge, At the trial, the plaintiff deduced a regular title under the Halfmoon patent, to Andreas Ten Eyck, who received a conveyance of the premises in question, September 25th, 1767, and died in October, 1802 ; having devised them to lessors of the plaintiff. The patent of Halfmoon was proved.
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Ejectment for a lot of land in the Halfmoon patent, in the county of Saratoga, tried at the circuit in that county, December 29th, 1823, before Walworth, C. Judge, At the trial, the plaintiff deduced a regular title under the Halfmoon patent, to Andreas Ten Eyck, who received a conveyance of the premises in question, September 25th, 1767, and died in October, 1802 ; having devised them to lessors of the plaintiff. The patent of Halfmoon was proved. It bore date the 30th May, 1687; and granted to Anthony "Van Schaick in tee as follows : “ a certain parcel or tract of land purchased of the…
1Opinion of the Court
Curia, per Savage, Ch. J.
The only difficulty in locating the patent, arises from the last course running from the Mohawk river to the Hudson. The commissioners ran a straight line to the Hudson, at the mouth of Anthony’s kill, bywhich they disregarded the course, “ up alongst by the said streams of water, and thence” to the North River. It is perfectly well settled, that natural objects must control courses and distances. Although, therefore, the course is, “ and so strikes presently eastwardyet, we must take the whole together, adding, “ up alongst by the said streams of water.” What streams…
2Cases cited1 opinion
- Jackson v. ThomasNew York Supreme Court · 1819
3Cited by8 opinions
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- Bernal v. GleimCalifornia Supreme Court · 1867
- Miller v. PlattThe Superior Court of New York City · 1856
- Bichler v. TernesNorth Dakota Supreme Court · 1933
- Whitaker v. ConeNew York Supreme Court · 1800
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