Legal Opinion

Jackson ex dem. Wright v. Dieffendorf

New York Supreme Court

Decided August 15, 1808PublishedCited by 21 opinions

THIS was an action of ejectment, for 23 acres of land, The case stated that the patent of Hartman Windecker and others, was dated the 12th of November, 1731, and that in 1743, it was divided into eleven lots, and numbered - ' ... , . . irom one to eleven, inclusive ; that partition deeds were executed in 1744 by the proprietors, by which lot No. 2 was released to Windecker ; that he on the 28th of March, • 1754, conveyed 25 acres of the south end of lot No. 2 to his daughter…

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THIS was an action of ejectment, for 23 acres of land, The case stated that the patent of Hartman Windecker and others, was dated the 12th of November, 1731, and that in 1743, it was divided into eleven lots, and numbered - ' ... , . . irom one to eleven, inclusive ; that partition deeds were executed in 1744 by the proprietors, by which lot No. 2 was released to Windecker ; that he on the 28th of March, • 1754, conveyed 25 acres of the south end of lot No. 2 to his daughter Gertrude, who married jacobus Pickard, the 28th of October, 1765 ; that Pickard and his wife conyeyed the 25° acres to…

1Opinion of the CourtVan Ness, J.

Shaft a possession of 38 years be disturbed, because, from a recent survey, it appears not to correspond with the parRti011 deeds executed 60 years before ? Shall not the parties to that partition, and all those who claim under them, be concluded by so long an acquiescence ? It is unquestionably the true rule, and every legal presumption, every consideration of policy requires, that this evidence of right should be taken to be conclusive. A location made in 1765, and probably, in exact conformity to the survey made on the partition in 1744, and quietly suffered to be continued by the…

2Cited by21 opinions

  1. Cannon v. StockmonCalifornia Supreme Court · 1869
  2. Baker v. . OakwoodNew York Court of Appeals · 1890
  3. Riverside Co. v. TownshendIllinois Supreme Court · 1886
  4. Joy v. StumpOregon Supreme Court · 1887
  5. Parker v. MetzgerOregon Supreme Court · 1885

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