Jackson v. Sternbergh
New York Supreme Court
This was an action of ejectment, brought for the recovery of lands situated in Scoharie, in a patent [163] granted *to Myndert Schuyler and others,' tried at the Scoharie circuit, on the 30th of May, 1802, before Mr. Justice Thompson.
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This was an action of ejectment, brought for the recovery of lands situated in Scoharie, in a patent [163] granted *to Myndert Schuyler and others,' tried at the Scoharie circuit, on the 30th of May, 1802, before Mr. Justice Thompson. On the trial it was admitted by both parties, that the title to the premises in question was once vested in Rip Van ¡Óam; and that it was included within the equal one seventh part of the said patent, which fell to the share of Van Dam, who was one of the patentees. Also that the title of Van Dam to the whole of the equal and undivided one seventh part of the…
1Opinion of the Court
*Thompson, J.
delivered theopinion of the court. The plaintiff deduced a title to a certain piece or tract of land, lying in Schuyler’s patent, and which was known and distinguished by lot No. 156, and bounded as follows: “ All the one full and equal seventh part *225of all the undivided lands between Scoharie river and the hills, fiwn Fox's creek to aplace where two rivulets or runs of water conx in one, and fall or run in Scoharie river, by north of Gfarlickl Town'' The only inquiry on the trial was, whether the prenii.es in question were comprised within the boundaries above mentioned.
The jury…
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