Legal Opinion

Jackson ex dem. Stoutenburgh v. Murray

New York Supreme Court

Decided November 15, 1810PublishedCited by 5 opinions

THIS was an action of ejectment, for land in the city of New-York. It was tried at the sittings in New-York, in June, 1809, before Mr. Justice Spencer.

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THIS was an action of ejectment, for land in the city of New-York. It was tried at the sittings in New-York, in June, 1809, before Mr. Justice Spencer. The plaintiff, in support of his title, gave in evidence letters patent from governor Nicholls, dated 26th January, 1667, which recited a former Dutch patent, granted by Governor Kieft to Henry Piers, of a piece of J v J 7 r land, with a plantation thereon, upon the island of Manhattan, commonly called Gregory s Plantation, “ stretching between Peter Lynde's plantation, and the creek or kill there where the water runs over the rock, containing…

1Opinion of the Court

Kent, Ch. J,

delivered the opinion of the court* The lessors of the plaintiff have shown a title under the patent of Governor Nicholls, in 1667, to the lands-. covered by the former Dutch patent, and known by the name of Gregory’s Plantation. There was abundant reason for the jury to presume a conveyance from Stout-enburgh to Kip. On- that point there can be no controversy. The great point is, the location of the patent* If it was a recent case, and we were to follow the words of the patent, I might, perhaps, concur in the location of the plaintiff % but there are several strong reasons why we…

2Cited by5 opinions

  1. Townsend v. Estate of DownerSupreme Court of Vermont · 1859
  2. University of Vermont v. of ReynoldsSupreme Court of Vermont · 1831
  3. Lightcap v. Lehigh Valley RailroadSupreme Court of New Jersey · 1917
  4. Jackson v. MurrayNew York Supreme Court · 1809
  5. United States v. CastroDistrict Court, N.D. California · 1862

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