Bouck v. Wilber
New York Court of Chancery
THE bill, filed August 4, 1819, stated, among other •things, that the plaintiffs were owners of several lots of land in Lawyer and Gimmer's + Patent, in Schoharie county, and among the rest, of fifty acres, part of lot No. 1, in the first allotment of the patent. That, in 1811, an action of ejectment was brought by the plaintiffs against the defendant, who was in possession of the fifty acres.
Read the full summary
THE bill, filed August 4, 1819, stated, among other •things, that the plaintiffs were owners of several lots of land in Lawyer and Gimmer's + Patent, in Schoharie county, and among the rest, of fifty acres, part of lot No. 1, in the first allotment of the patent. That, in 1811, an action of ejectment was brought by the plaintiffs against the defendant, who was in possession of the fifty acres. That when the suit was ready for trial at the circuit, the defendant, and others, on the 22d of Septembur, 1813, entered into an agreement, by which the legal title of the plaintiffs to the land was…
1Opinion of the Court
The Chancellor.
It appears very clearly from the answer and the proofs, that the arbitrators did appraise and determine according to the articles of submission, the sum which the defendant, under all the circumstances of the case, ought to pay for the fifty acres of land which he occupied and claimed. They inadvertently made a mistake in setting out in the award a description of the land; and the description takes in adjoining land, with only a small part of the fifty acres. The mistake is too palpable to be denied, but it was a mistake only of a clerical nature in drawing up the. award. The…
2Cases cited2 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
3Cited by4 opinions
- Garvey v. CareyThe Superior Court of New York City · 1868
- Davis v. HavardSupreme Court of Pennsylvania · 1827
- Bean v. WendellSuperior Court of New Hampshire · 1849
- Jones v. WelwoodNew York Supreme Court · 1876