Robertson v. M'Niel
New York Supreme Court
This was an action of ejectment, tried at the Washington circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover about two acres of land in possession of the defendant, under an award made by arbitrators, to whom the parties had submittted the settlement of the line dividing their farms; the plaintiff alleging that the division fences between their farms were not on the true line.
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This was an action of ejectment, tried at the Washington circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover about two acres of land in possession of the defendant, under an award made by arbitrators, to whom the parties had submittted the settlement of the line dividing their farms; the plaintiff alleging that the division fences between their farms were not on the true line. Accordingly, on the 7th July, 1830, a submission was drawn up in these words : “We, the undersigned, severally agree, under the penalty of $500, to stand to…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant contends, 1. That by the terms of the submission, the arbitrators had authority merely to ascertain where the original tier line was, and not to establish a new line, that the award was therefore void as going beyond the submission ; 2. That the powers of the arbitrators were revoked before they made their award and that it was void on that ground ; and, 3. That if the award is not void, it gives no title to land, and will not enable the plaintiff to recover in ejectment.
As I understand the award, as explained by the testimony of White, one of the…
2Cases cited3 opinions
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
- Lessee v. DunningSupreme Court of the United States · 1792
- Elmendorf v. HarrisNew York Supreme Court · 1830
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