Legal Opinion

Kingsland v. Chittenden

New York Supreme Court

Decided July 1, 1872PublishedCited by 5 opinions

This was an appeal by the defendant from a judgment for the plaintiff upon the report of a referee. The action was ejectment to recover lands in the defendants’ possession. The defendants answered jointly, denying the complaint and claiming ownership of the property described therein.

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This was an appeal by the defendant from a judgment for the plaintiff upon the report of a referee. The action was ejectment to recover lands in the defendants’ possession. The defendants answered jointly, denying the complaint and claiming ownership of the property described therein. Plaintiff and defendants traced their titles to Gerard R. Beekman, as owner of an entire tract, from whose executors, by intermediate conveyances, it had been granted to one Storm, who had granted portions to the plaintiff and defendants respectively. It appeared upon the trial that, while the entire tract of…

1Opinion of the Court

By the Court—Gilbert, J.

The determination of this case depends upon the construction which shall be given to *18the deed from Jacob Storms and wife to the plaintiff, dated May 1, 1863. The only subject in dispute is the southeastern boundary described in that deed, the description of which is as follows: “ Thence south to the center of the mill creek or Pocantice river, thence easterly along the center of said creek or river to the present mill-dam at the center thereof, thence through the center of said mill-dam and the center of the mill-pond to the late Highland turnpike road.” The deed also…

2Cases cited1 opinion

  1. The People v. . GonzalezNew York Court of Appeals · 1866

3Cited by5 opinions

  1. Harway Improvement Co. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1922
  2. Somerville v. City of New YorkNew York Supreme Court · 1912
  3. Brainin v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  4. Town of Oyster Bay v. StehliAppellate Division of the Supreme Court of the State of New York · 1915
  5. Seneca Nation of Indians v. HugaboomNew York Court of Appeals · 1892

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