Jackson ex dem. Donaldson v. Lucett
New York Supreme Court
Ejectment for lands in the county of Orange, claimed by the plaintiff, under the Bear Hill patent, and by the defendant under the one to Staats.
Read the full summary
Ejectment for lands in the county of Orange, claimed by the plaintiff, under the Bear Hill patent, and by the defendant under the one to Staats. The facts, as they appeared on the case made, were thfese: ■ In 1712, a patent was granted to Samuel Staats and his heirs forever, of a certain tract of land in the county of Orange, “ Beginning on the west side of Hudson’s river, just, against Anthony’s Hose, at the mouth of a small rivulet, called by the Indians Assinnapáinck, and thence up Hudson’s river, as it runs, a northeast course two hundred chains, which is about four chains to the…
1Opinion of the CourtSpenueb, J.
In our view of this case, it is unnecessary to enter into minute consideration of the evidence as to the adverse possession of the defendant, or the situation of John Canton Hook, or the probabilities whether Prince’s Palis or Poplope’s Kill were intended by the subsidiary grant in the Staats patent, The premises in question lie on Poplope’s Kill, and *367it appears to us the plaintiff failed *in the outset, in locating the premises within the patent to Bradley. The will we consider as properly in evidence. The facts proved were sufficient to induce a presumption of the loss of the original, and…
2Cited by5 opinions
- Blade v. NolandNew York Supreme Court · 1834
- Fratt v. WoodwardCalifornia Supreme Court · 1867
- Estate of Johnson, Superior Court of California, County of San Francisco1903
- Fetherly v. WaggonerNew York Supreme Court · 1834
- Winthrop v. CurtisSupreme Judicial Court of Maine · 1824