Cramer v. Benton
New York Supreme Court
MOTION by the plaintiff íor a new trial, on exceptions taken at the Wayne circuit, and ordered to be heard at the General Term in the first instance.
1Opinion of the Court
By the Court, Talcott, J.
This is an action of ejectment to recover the possession of certain premises in the county of Wayne. Lewis J. Benton, under whom the *515plaintiff claims, and John W. Benton, the defendant, were seised of an entire tract, of which the premises were a part, as heirs-at-law of Roger Benton, deceased, and in 1846, they agreed to a partition between them by which Lewis J. was to have the mill, mill-pond and ap- . purtenances, and water privileges, and the defendant the farming lands; and they procured a surveyor to run out the lines dividing the premises as they had agreed.…
2Cases cited12 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Reed v. . FarrNew York Court of Appeals · 1866
- Bartlett v. . JuddNew York Court of Appeals · 1860
- Jackson, ex dem. Bowen v. BurtonNew York Supreme Court · 1828
- Jackson ex dem. Putnam v. BowenNew York Supreme Court · 1803
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3Cited by1 opinion
- Howland v. Newark Cemetery Ass'nNew York Supreme Court · 1873