Legal Opinion

Pettit v. . Shepard

New York Court of Appeals

Decided March 5, 1865PublishedCited by 11 opinions

This is an action of ejectment brought by the heirs of one Joshua Pettit to recover a lot of thirty-five acres of land—■ part of lot No. 76, which lot, among others, was conveyed by letters patent from the State in 1815, to James Emmott—■ and was a part of the unappropriated lands of the State lying on the easterly side of the Niagara river, and which had been surveyed and described in a field book and on a map on file in the office of the secretary of state.

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This is an action of ejectment brought by the heirs of one Joshua Pettit to recover a lot of thirty-five acres of land—■ part of lot No. 76, which lot, among others, was conveyed by letters patent from the State in 1815, to James Emmott—■ and was a part of the unappropriated lands of the State lying on the easterly side of the Niagara river, and which had been surveyed and described in a field book and on a map on file in the office of the secretary of state. Lot No. 76 was con- • veyed, in the same year, by Emmott to Joshua Pettit, and was described as containing one hundred and seventy-five…

1Opinion of the CourtCampbell, J.

The deed from Joshua Pettit, the ancestor of the plaintiffs, to G-ustavus Grimard, from whom defendant derives title, describes the land as “ all that certain piece or parcel of land situate in the said town of Niagara, being the west part of lot No. 16, lying on the éasterly side of Niagara river, containing eighty-five acres, be the same more or less.” This description is vague and uncertain. The land is a part of lot No. 16, in the town of Niagara. Whether the whole township was divided into lots and lot 16 was one of the divisions, might be an inquiry arising out of this description. We…

2Cited by11 opinions

  1. Docter v. HellbergWisconsin Supreme Court · 1886
  2. Green v. . CollinsNew York Court of Appeals · 1881
  3. Mullen v. . WashburnNew York Court of Appeals · 1918
  4. Myers v. Sea Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
  5. Malin v. WardAppellate Division of the Supreme Court of the State of New York · 1964

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