Jackson ex dem. Crossett v. Hunter
New York Supreme Court
THIS was an action of ejectment, for land in the township of Aurelius, in the county of Cayuga. The cause was tried at the circuit in the county of Cayuga, the 26th June, 1805, before Mr. Justice Tompkins, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case.
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THIS was an action of ejectment, for land in the township of Aurelius, in the county of Cayuga. The cause was tried at the circuit in the county of Cayuga, the 26th June, 1805, before Mr. Justice Tompkins, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case. The lessors of the plaintiff were seized, &c. of lot number 39, and the defendant of lot number 48, in the township oí Aurelius, and the only point in dispute was the true boundary between the two lots. On the 25th May, 1802, the following warrant was issued by the' surveyor general of the…
1Per curiam
There is an evident mistake made by the* deputy-surveyor first employed to run the lines, and he was appointed without the consent of the parties. The map filed in the office of the secretary of state, and referred to in the patents for the lots, is correct and agreeable to law. The-defendant has got more land,-and the plaintiff less, than they ought to have had, by their respective patents. Nothing appears to have been done orí the part of the plaintiff, by which he is concluded as to his right to have this mistake corrected. We are, therefore, of opinion, that the plaintiff as entitled to…
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