Jackson ex dem. Van Rensselaer v. Hogeboom
New York Supreme Court
THIS was an action of ejectment tried at the Columbia dr- ^ ■^uit, 3d October, 1812, before Mr. Justice Van Ness. The lessor of the plaintiff deduced a title under the Claverack patent, granted to John Van Rensselaer, including the premises in question.
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THIS was an action of ejectment tried at the Columbia dr- ^ ■^uit, 3d October, 1812, before Mr. Justice Van Ness. The lessor of the plaintiff deduced a title under the Claverack patent, granted to John Van Rensselaer, including the premises in question. The defendant gave in evidence a lease from John Van Rensselaer to Johannes Rogeboom, dated 8th February, 1763, and a second lease between the same parties the 8th of November, 1763, of all those certain parcels of land, &c. describing them, to have and to hold to the lessee, his heirs and assigns forever, upon condition that the said J.…
1Per curiam
1. The first question is, whether the defendant Is to hold according to the courses and distances in the lease of the 8th of November, 1763, or according to the map made by Schuyler, cotemporaneously with the lease, Schuyler also having made the survey on which the lease was founded?
It seems to be admitted that there is a mistake in the lease; a.nd it is very clear that a court of equity, after so long an acquiescence, would rectify that mistake. But it is not necessary to send the party to that court. In the case of Jackson v. Duffendorf and Zoller, (3 Johns. Rep. 270.) we held that a…
2Cited by5 opinions
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