Jackson ex dem. Loux v. Buel
New York Supreme Court
THIS was an action of ejectment, to recover the possession of part of lot No. 94. in the township of Ulysses. The cause was tried at the Seneca circuit, in June, 1812, before Mr. Justice rt Spencer.
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THIS was an action of ejectment, to recover the possession of part of lot No. 94. in the township of Ulysses. The cause was tried at the Seneca circuit, in June, 1812, before Mr. Justice rt Spencer. The plaintiff produced in evidence a patent to Hendrick Doux, one of the lessors, dated the 8th of July, 1790, for the whole of lot No. 94. also a deed for the same lot from Jeremiah Van Rensselaer to whom it had been awarded, to Robert M‘Dowel, dated (the 24th of April, 1792. M‘Dowel was dead, and the other lessors were his heirs at law. The defendant gave in evidence a deed, dated the 30th…
1Per curiam
The lessor of the plaintiff is entitled to recover for the possession of the defendant, extending beyond the tea acres. This is admitted by the case; but the great point is, whether the right reserved in the deed of erecting or building a dam on the bank of the creek at the place specified, be such an interest as that an ejectment will lie for it. The exception fur* ther states that the grantor, &c. is to occupy and possess the afore* mid premises without any let, See. It is evident that an interest in the soil was reserved at the given place, not only for erecting the dam, but for occupying…
2Cited by14 opinions
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- John Den, Ex Dem. Archibald Russell, in Error v. The Association of the Jersey CompanySupreme Court of the United States · 1854
- Nye v. . HoyleNew York Court of Appeals · 1890
- Fidler v. McKinleyIllinois Supreme Court · 1859
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