Legal Opinion

Jackson ex dem. Smith v. Marsh

New York Supreme Court

Decided August 15, 1826PublishedCited by 24 opinions

Ejectment, tried at the Cayuga circuit, March 10th, K 1825, before Throop, C. Judge; when a verdict was taken for the plaintiff, subject to the opinion of the court.

1Opinion of the Court

Curia, per

Woodworth, J.

The plaintiff gave in evidence at the trial, a patent to the lessor of the plaintiff, x ... . dated the 1 Qth of June, 1823, for subdivision no. 2 ; beginning at the south east corner of the survey 50 acres: from thence giving certain courses and distances, and in- ° ° eluding 135 aeres.

The case states, that the action was brought to recover ’ ° _ subdivision no. 2, in lot no. 50, in the township of Sem-*282pronius ; and that the defendant was in possession. It appeared by a map and certificate of the surveyor general, admitted as evidence, that lot no. 50 had been…

2Cases cited4 opinions

  1. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  2. Jackson ex dem. Mancius v. LawtonNew York Supreme Court · 1813
  3. Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
  4. Jackson ex dem. M'Naughton v. LoomisNew York Supreme Court · 1820

3Cited by24 opinions

  1. Peck v. . MallamsNew York Court of Appeals · 1853
  2. Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
  3. Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
  4. Slater v. BreeseMichigan Supreme Court · 1877
  5. Burr v. . the Broadway Insurance CompanyNew York Court of Appeals · 1857

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