Hubbell v. McCulloch
New York Supreme Court
THIS action was brought to recover for a quantity of saw logs cut by the defendant upon a tract of land in Chazy, Clinton county. The lot in question is part of lot Ho. 4 of what is called the “Refugee tract of 420 acre lots ;” and the trial involves the question of title to the locus in quo.(a) The plaintiff himself, is the source of title—obtained 27th July, 1839. The tract is nearly in a square form.
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THIS action was brought to recover for a quantity of saw logs cut by the defendant upon a tract of land in Chazy, Clinton county. The lot in question is part of lot Ho. 4 of what is called the “Refugee tract of 420 acre lots ;” and the trial involves the question of title to the locus in quo.(a) The plaintiff himself, is the source of title—obtained 27th July, 1839. The tract is nearly in a square form. The plaintiff first sold to one Dunn, one hundred and five acres, which was then supposed to be the easterly one quarter. He then sold to one Wilson one hundred and five acres, supposed to be…
1Opinion of the Court
By the Court, Potter, J.
When the testimony on the trial of this action was closed, there were certain undisputed facts in the case, or facts which must be assumed to be uncontroverted. These Uncontroverted facts are, 1st. That the lands in question are part of lot number four of the *291large lots in “ the Canadian and Nova Scotia Refugee tract,” in the town of Chazy, in the county of Clinton. 2d. That the exterior lines of the whole lot number four, were- distinctly known,- recognized and agreed to, by the parties to the action. 3d. That the plaintiff’s paper title covered the locus in quo. 4th.…
2Cases cited6 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson ex dem. M'Donald v. M'CallNew York Supreme Court · 1813
- Clark v. WetheyNew York Supreme Court · 1838
- Hunt v. . JohnsonNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Adams v. WarnerAppellate Division of the Supreme Court of the State of New York · 1924
- Hadix v. SchmelzerAppellate Division of the Supreme Court of the State of New York · 1992
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1871
- Jones v. SmithNew York Supreme Court · 1874
- Miner v. Mayor of New YorkThe Superior Court of New York City · 1874