Crary v. . Goodman
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the possession of land. The trial was before a referee, who found these facts: Lot Hq. 14, of which the premises in dispute are a part, contained in point of fact two hundred and sixty acres, but according to the survey of the Holland Land Company, the original proprietor, contained only two hundred and thirty acres. The fact, however, was not discovered until 1847, after the conveyances under which both the parties claimed.
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Appeal from the Supreme Court. Action to recover the possession of land. The trial was before a referee, who found these facts: Lot Hq. 14, of which the premises in dispute are a part, contained in point of fact two hundred and sixty acres, but according to the survey of the Holland Land Company, the original proprietor, contained only two hundred and thirty acres. The fact, however, was not discovered until 1847, after the conveyances under which both the parties claimed. The eastern one hundred and thirty acres of the lot had been surveyed and laid out. One Chase, who had a contract for the…
1Opinion of the CourtSelden, J.
The premises in dispute are a part of lot No. 14, township 8, range 6, of the lands formerly belonging to the Holland Land Company in the county of Cattaraugus. Both parties claimed under the Farmers’ Loan and Trust Company, the deed under which the defendant claimed having been executed by said company to Daniel Huntley, in November, 1838, and that under which the plaintiff claimed by the same grantors to the plaintiff himself, in October, 1845. The deed to Huntley conveyed the west part of the lot, and the premises described were bounded on the west by the west line of the lot, and on the…
2Cases cited2 opinions
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Smith v. MorrowCourt of Appeals of Kentucky · 1824
3Cited by90 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Alexander v. WheelerSupreme Court of Alabama · 1881
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Culver v. . RhodesNew York Court of Appeals · 1882
- Grayson v. MuckleroySupreme Court of Alabama · 1929
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