Munro v. Merchant
New York Supreme Court
THIS was an action of ejectment, brought to recover possession of about sixteen acres of land in lot number two of the 20th allotment of the Kayaderosseras patent, situate in the town of Northumberland in the county of Saratoga. The complaint was in the usual form, and the answer set up four defenses: 1. A general denial of the complaint. 2. Title in the defendant. 3. Adverse possession for more than 30 years. 4. Alienism of the plaintiff and his ancestors.
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THIS was an action of ejectment, brought to recover possession of about sixteen acres of land in lot number two of the 20th allotment of the Kayaderosseras patent, situate in the town of Northumberland in the county of Saratoga. The complaint was in the usual form, and the answer set up four defenses: 1. A general denial of the complaint. 2. Title in the defendant. 3. Adverse possession for more than 30 years. 4. Alienism of the plaintiff and his ancestors. The cause was tried at the Saratoga circuit, in May, 1856. The plaintiff claimed to deduce title from Eip Van Dam, one of the original…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The first, and perhaps the most important, question which arises in this case is, whether there was sufficient evidence of the appointment of the commissioners to make partition. The 7th section of the colonial act, passed 8th January, 1762, provides “ that any one or more of the proprietors of tracts or parcels of tracts still undivided, inclined to have partition thereof, may subscribe a writing, and publish the same in any two of the public newspapers of the colony twelve weeks successively, directed in general to all persons interested in such tract or…
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