Walton v. Tifft
New York Supreme Court
This was an action brought to recover a lot of land in Warren county, and was tried at the Warren circuit in June, 1852, before C. L. Allen, justice.
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This was an action brought to recover a lot of land in Warren county, and was tried at the Warren circuit in June, 1852, before C. L. Allen, justice. The plaintiffs were four of the heirs at law of Henry Walton, who died in 1845. It was proved that in 1792, lot 2 in lot 10 of the 25th allotment of the patent of Kayaderosseras was conveyed in fee, by the other tenants in common, to Henry Walton, and it was not denied that he became seised of the whole of lot Ho. 2. Hudson river runs an easterly course through lots 1, 2 and 3. A part of lot 2 lies on the north side of the river, in the county…
1Opinion of the Court
By the Court, Willard, P. J.
The jury were warranted in •finding from the evidence, that the deed from Walton to Pitcher, under which title the defendant held, was bounded on the north by the main channel of the river; and if so, there was no pretense that the plaintiffs were entitled to recover. The judge was authorized to direct a verdict for the defendant, on that ground alone. The plaintiffs did not ask to go to the jury on what were the actual contents of the deed to Pitcher, nor whether it was lost or not. But assuming that the deed described the premises exactly as they were described…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Dunlap v. StetsonU.S. Circuit Court for the District of Maine · 1827
- Varick v. SmithNew York Court of Chancery · 1842
- Allen v. ThayerMassachusetts Supreme Judicial Court · 1821
3Cited by1 opinion
- Jones v. JonesNew York Supreme Court · 1885