Jackson ex dem. People v. Wendell
New York Supreme Court
This was an action of ejectment, tried before the Hon. Eseic Cowen, one of the circuit judges. The defendant was in possession of about twenty-one acres of land, part of a lot designated as lot F.- 6, which it was alleged had never been granted by the state to any person whatever.
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This was an action of ejectment, tried before the Hon. Eseic Cowen, one of the circuit judges. The defendant was in possession of about twenty-one acres of land, part of a lot designated as lot F.- 6, which it was alleged had never been granted by the state to any person whatever. To shew that it had been granted, and that the title of the state was divested, the defendant produced letters patent of two tracts of land ; the first of a tract called Road Patent No. 2, granted to John Thurman, bearing date the 8th May, 1795, in which the premises granted were described as beginning at the…
1Opinion of the Court
By the Court,
Sutherland, J.
The question in this case is as to the true location of Road Patent No. 2, in the county of Warren, granted to John Thurman on the 8th day of May, 1795. If the premises in question are not covered by that patent, the plaintiffs must have judgment, as there is no evidence in the case that they belong to, or are embraced in. any other. If the lot in question is in this patent to Thurman, it is embraced in the angle made by the two first courses specified in the grant, according to the testimony of all the witnesses, starting from what they understand to be the…
2Cases cited1 opinion
- Preston's Heirs v. BowmarSupreme Court of the United States · 1821
3Cited by13 opinions
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- Bichler v. TernesNorth Dakota Supreme Court · 1933
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