Brandt ex dem. Walton v. Ogden
New York Supreme Court
THIS was an .action of ejectment. The cause was tried at the Washington Circuit, on the 12th june, 1805, before . ’ , Jrr Justice Spencer, when a verdict was found for the defendants.
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THIS was an .action of ejectment. The cause was tried at the Washington Circuit, on the 12th june, 1805, before . ’ , Jrr Justice Spencer, when a verdict was found for the defendants. The plaintiff claimed title to lot No. 10, in the 1 1 25th allotment of the Kayaderosseras patent, granted November 2, 1708 ; the only words of which, material in , J 1 the present case, are, “ thence northerly to the north-west- “ most head of a creek, entitled, Kayaderosseras, about fourteen miles more or less ; thence eight miles more notherfy, thence easterly or north-easterly to the third falls on…
1Opinion of the CourtSpencer, J.
The defendants contended that a creek running into the Kayaderosseras, and rising considerably further to the southwest, than the one to which the commissioners run the line, was, in regard to its position, the real north-zvest-niost head of the Kayaderosseras ; but, in fact, the creek thus taken by the defendants, has always been known and called by the name of Coesa, and never by that of Kayaderosseras. This was proved by several witnesses, produced by the plaintiff at the trial, who had been acquainted with the country since its first settlement, and who were uncontradicted by any evidence…
2Cited by38 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Grube v. WellsSupreme Court of Iowa · 1871
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Coogler v. RogersSupreme Court of Florida · 1889
- Ex parte JenningsNew York Supreme Court · 1826
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