Seaman v. Hogeboom
New York Supreme Court
This was an action of ejectment, tried at the Rensselaer circuit on tile 2d day of May, 1845. The declaration described the premises as follows: In the first count as “ a certain piece, parcel or lot of land situate in the village of Castleton, in the town of Schodack in the county of Rensselaer and state of New-York, known as the Schermerhorn brick yard, being on the north side of the south road running east from the village of Castleton, and bounded as follows, that is to…
Read the full summary
This was an action of ejectment, tried at the Rensselaer circuit on tile 2d day of May, 1845. The declaration described the premises as follows: In the first count as “ a certain piece, parcel or lot of land situate in the village of Castleton, in the town of Schodack in the county of Rensselaer and state of New-York, known as the Schermerhorn brick yard, being on the north side of the south road running east from the village of Castleton, and bounded as follows, that is to say: Beginning at the southwest corner of a house formerly occupied by George Noyes, and now occupied as a stable, and…
1Opinion of the Court
By the Court,
Parker, J.
The law is well settled that where land is bounded by monuments, they control courses and distances ; for the reason that they are the most material and certain objects. (Jackson v. Wendell, 5 Wend. 146. 7 Wheat. 7. 4 Paige, 212. 2 Cowen & Hill’s Notes, p. 1378, 1380, n. 942.) The deed to the plaintiff described the land, conveyed as commencing at a known monument, and running east one hundred and fifty-seven feet to a stake and stones. But it is conceded that when this deed was executed there were no stake and stones there. The surveyor then, in tracing the line, finds…
2Cases cited4 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Jackson ex dem. People v. WendellNew York Supreme Court · 1830
- Jackson ex dem. Clark v. ReevesNew York Supreme Court · 1805
3Cited by1 opinion
- Seaman v. HogeboomNew York Supreme Court · 1855