Legal Opinion

Jackson v. Thomas

New York Supreme Court

Decided May 15, 1819PublishedCited by 18 opinions

THIS was an action of ejectment, commenced in August, 1817, for the recovery of lot No. 41., in the second division of the Minisink patent, in the town of Mamakating, in the county of Sullivan. The cause was tried before Mr. Justice Spencer, at the.

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THIS was an action of ejectment, commenced in August, 1817, for the recovery of lot No. 41., in the second division of the Minisink patent, in the town of Mamakating, in the county of Sullivan. The cause was tried before Mr. Justice Spencer, at the. Sullivan circuit, in September, 1817. ’ r rni . , . , . . . I he plaintiff claimed title to the premises in question, under the patent granted to Ebenezer Willson, Lancaster Symms, and others, commonly called the Minisink patent, The patent was dated the 28th of August, 1704, and the lands granted were described therein, as “ lying and being in…

1Opinion of the Court

Spencer, Ch. J. delivered the opinion of the Court.

Two questions have been made on the argument: 1. Are the premises included in the Minisink patent? 2, Has there been an adverse possession for a sufficient length of time to bar the plaintiff’s right of entry ?

The premises in dispute are part of lot No. 41. lying near the top of (and a little east thereof) the Shawangunk mountain, and west of the foot of the mountain. It appeared to be conceded, that if the Minisink patent ran along the foot of the mountain on the east side, so far north as that a west line was to be run to the Hunting house,…

2Cited by18 opinions

  1. Core v. FaupelWest Virginia Supreme Court · 1884
  2. La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Jones v. HockmanSupreme Court of Iowa · 1861
  4. Jackson ex dem. Krom v. BrinkNew York Supreme Court · 1826
  5. Miller v. ShawSupreme Court of Pennsylvania · 1821

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