Dunckle v. Wiles
New York Supreme Court
Ejectment, tried at the Montgomery circuit, in May, 1845 before Willard, Cir. J. The declaration was for about seven acres of land descrmeti by metes and bounds, being part of lot number ten, in a patent granted to P. Livingston and others. The plaintiff gave evidence tending to show title in himself to the whole of lot number ten in 1830, and proved that in the fall of 1843 the defendant was in possession of the seven acres in question.
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Ejectment, tried at the Montgomery circuit, in May, 1845 before Willard, Cir. J. The declaration was for about seven acres of land descrmeti by metes and bounds, being part of lot number ten, in a patent granted to P. Livingston and others. The plaintiff gave evidence tending to show title in himself to the whole of lot number ten in 1830, and proved that in the fall of 1843 the defendant was in possession of the seven acres in question. The defendant gave in evidence, 1. A deed from Samuel Jackson and wife to Philip Roof, dated July 30th, 1835, for a piece of land described as lots No. 4 and…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
There was proof tending to show that the close, described in the record given in evidence as the one on which the alleged trespasses were committed, embraced the seven acres for which this action was brought, and the cause was disposed of at the circuit, on the supposition that such was the fact. It might seem at first blush, that this could not be a correct conclusion, the seven acres being described as part of the land for which the Livingston patent ¡vas issued, while the close, mentioned in the record, is alleged to lie within the limits of the Yan Horne…
2Cases cited2 opinions
- Rich v. RichNew York Supreme Court · 1837
- King v. DunnNew York Supreme Court · 1839
3Cited by8 opinions
- Mason v. KelloggMichigan Supreme Court · 1878
- McClellan v. HurdSupreme Court of Colorado · 1895
- Hailey v. . AnoNew York Court of Appeals · 1893
- Elson v. ComstockIllinois Supreme Court · 1894
- Dunckel v. . WilesNew York Court of Appeals · 1854
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