Van Winkle v. Van Winkle
New York Supreme Court
Action for the partition of a plot of land included in the roadbed of a former lane, known as Apthorpe’s or Jauncey’s Lane. The complaint alleged that the plaintiff and the defendant Elizabeth M. Yan Winkle were seized and possessed in fee as tenants in common of the premises described.
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Action for the partition of a plot of land included in the roadbed of a former lane, known as Apthorpe’s or Jauncey’s Lane. The complaint alleged that the plaintiff and the defendant Elizabeth M. Yan Winkle were seized and possessed in fee as tenants in common of the premises described. The complaint further alleged that Charles Ward Apthorpe in 1763 was the owner of about 200'acres of. land which included the premises, in question and which was called “ The Apthorpe Farm ” through which a lane known as “ Apthorpe’s ” or “ Jauncey’s ” lane was laid out; that he died intestate in 1797 and that…
1Opinion of the CourtO’Gorman, J.
Hugh Williamson’s title to all the premises in question is not disputed, and there is no reason to doubt that his title was absolute and unqualified. No conveyance from him to the Apthorpe’s heirs has been proved, and the contention that such a conveyance must be presumed cannot prevail. The deeds in which the Apthorpe heirs joined were intended only as confirmatory deeds so as to operate by way of estoppel against claims that might thereafter be made by them or their descendants. If, therefore, the deeds in question were held to exclude the center of Apthorpe’s. lane, it would follow that…
2Cases cited4 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Matter of LadueNew York Court of Appeals · 1890
- Potter v. BoyceAppellate Division of the Supreme Court of the State of New York · 1902
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1897