Legal Opinion

Van Gorden v. Jackson

Court for the Trial of Impeachments and Correction of Errors

Decided February 15, 1809PublishedCited by 17 opinions

AN action of ejectment was brought in the supreme court, by the defendant in error, to recover the possession of a lot of land in the town of Catskill, in the county °f Greene, being lot No. 12, in the second diyjsi0n of a tract called Lindsay’s patent. . ...

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AN action of ejectment was brought in the supreme court, by the defendant in error, to recover the possession of a lot of land in the town of Catskill, in the county °f Greene, being lot No. 12, in the second diyjsi0n of a tract called Lindsay’s patent. . ... The defendant m error, claimed title in three ways : . . . e 1. By an uninterrupted possession of 60 years. 2. By a possessory right, derived from a peaceable possession of twenty years. 3. By letters patent from the king of Great Britain. and seisin under that title# The defendant in error gave in evidence ; 1. an Indian deed, dated…

1Opinion of the Court

The. Chancellor.

This cause comes before the court on a bill of exceptions, taken at a circuit court in Greene county, which bill, after stating the evidence produced, and the opinion of the judge before whom it was tried, contains exceptions to the opinion ; because,

1. The court ought to have charged the jury, that by a just construction of the Catskill patent, the premises were included in it.

2. That the judge ought to have charged the jury, that the evidence of adverse possession, given on the part of the defendant below, was sufficient to bar the plaintiff’s right to recover.

3. That as it…

2Cited by17 opinions

  1. Bowen v. GuildMassachusetts Supreme Judicial Court · 1881
  2. Merritt v. SeamanNew York Supreme Court · 1849
  3. Paige v. FazackerlyNew York Supreme Court · 1862
  4. Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
  5. Kelly v. KellyNew York Supreme Court · 1848

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