Jackson ex dem. Butler v. Widger
New York Supreme Court
Ejectment ; tried at the Chenango circuit, August 26th, q§23, before Nelson, C. Judge; when a verdict was taken for the plaintiff, subject to the opinion of this court, on a question of law arising upon the construction of a deed from Thomas Butler to Eli Widger, dated the- 1st of May, 1805. The fee of a large tract of land called Butler’s Eange, being in Benjamin Butler, the lessor of the plaintiff, he, on the 10th of December, 1803, conveyed it to Thomas Butler in trust…
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Ejectment ; tried at the Chenango circuit, August 26th, q§23, before Nelson, C. Judge; when a verdict was taken for the plaintiff, subject to the opinion of this court, on a question of law arising upon the construction of a deed from Thomas Butler to Eli Widger, dated the- 1st of May, 1805. The fee of a large tract of land called Butler’s Eange, being in Benjamin Butler, the lessor of the plaintiff, he, on the 10th of December, 1803, conveyed it to Thomas Butler in trust for himself (B.- F.;) and, on the 30th of July, 1807, Thomas Butler re-conveyed to Benjamin Butler, excepting such parts…
1Opinion of the Court
* Curia, per Savage, Ch. J.
The defendant was entitled to go” to the Farr clearing, though the distance might exceed the 38 chains and 50 links given by the deed. This was so expressly settled in Jackson v. Camp, (1 Cowen, 612.) And though, strictly, the defendant should have been bounded on the south of the Farr clearing, yet, as the surveyor of Thomas Butler, who must be considered his 'agent for the purpose, settled the line where it now is, probably to make it straight, I think, after 20 years acquiescence, the plaintiff is too late to disturb the location, even if he could have done so at…
2Cases cited10 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
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