Frier v. Jackson ex dem. Van Allen
Court for the Trial of Impeachments and Correction of Errors
THE defendant in error brought an action of ejectment, m the supreme court, on the demise of Johannis L. Van Allen and John J. Van Allen, to recover of the plaintiffs in error, the possession of a grist-mill, saw-mill, and lands thereto adjoining, situate in the town of Kinder» _ J hook, in the county of Columbia.
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THE defendant in error brought an action of ejectment, m the supreme court, on the demise of Johannis L. Van Allen and John J. Van Allen, to recover of the plaintiffs in error, the possession of a grist-mill, saw-mill, and lands thereto adjoining, situate in the town of Kinder» _ J hook, in the county of Columbia. The cause was tried at a circuit court held in and for the county of Columbia, in July, 1806, before his honour, Daniel D. Tompkins, Esq. then one of the justices of the supreme court, when a verdict was found for the plaintiff below, in- conformity to the opinion of the judge, as…
1Opinion of the Court
The Chancellor.
The bill of exceptions was taken to the opinion of the judge on four points.
1. Because both the lessors of the plaintiff are dead ; and on this the defendants grounded their motion for .a nonsuit, which the judge overruled.
3. Because, upon a just construction and location of the patent to Jan Hendrixe He Bruyn, the premises in question could not be included; but the judge determined that the premises ip question were covered by it.
3. Because, by a correct construction and location of the patent to John Baker and Jacob Janse plodder, the premises in question were covered by that…
2Cases cited1 opinion
- Jackson v. BradtNew York Supreme Court · 1804
3Cited by21 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Mason v. WhiteNew York Supreme Court · 1851
- Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
- Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
- Ex parte SwanSupreme Court of Alabama · 1853
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