Starr v. Child
New York Supreme Court
This was an action of ejectment, tried at the Monroe circuit in October, 1835, before the Hon. Addison Gardiner, then one of the circuit judges.
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This was an action of ejectment, tried at the Monroe circuit in October, 1835, before the Hon. Addison Gardiner, then one of the circuit judges. The plaintiffs claimed title to the premises in question on the following state of facts : It was admitted that previous to the 13th August, 1817, Charles Carroll, William Fitzhugh and Nathaniel Rochester were seised of a tract of 100 acres of land covering the premises in question, and that both plaintiffs and defendants claim under that title. The plaintiffs then produced in evidence, 1. A partition deed between Carroll, Fitzhugh and Rochester of…
1Opinion of the Court
By the Court, Co wen, J.
The counsel for the plaintiffs adverted on the argument to the evident purpose for which this lot, No. 12, with other lots, were laid out along the river, among the original proprietors. He insisted, that granting them as water-lots looked to the enjoyment of hydraulic privileges ; and it would, no doubt, be strange, that after deliberately arranging and conveying lots for such an object, the law should cut off the purchasers from the river, by a puzzledom to be raised on a few equivocal words in the grant.
But there is no necessity for looking to extrinsic…
2Cases cited4 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- La Amistad De Rues.-Almiral, LibellantSupreme Court of the United States · 1820
- People ex rel. Tibbits v. Canal AppraisersNew York Supreme Court · 1835
- Administrators of Gavit v. Chambers & CoatsOhio Supreme Court · 1828
3Cited by17 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
- Buck v. SquiersSupreme Court of Vermont · 1850
- City of Peoria v. Central National BankIllinois Supreme Court · 1906
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