Baldwin v. . Brown
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to recover a strip of land four rods in width, and containing about six acres, lying between farms of which it was admitted that the plaintiff and defendant were respectively the owners.
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Appeal from the Supreme Court. The action was brought to recover a strip of land four rods in width, and containing about six acres, lying between farms of which it was admitted that the plaintiff and defendant were respectively the owners. The cause was submitted .to referees, who reported in favor of the defendant, and found the following facts: In January, 1808, Thomas Brown, who was the common source of title, conveyed to Joseph Brown, under whom the plaintiff derived title, a farm described as containing one hundred acres ; the second boundary line is described in the deed as running…
1Opinion of the CourtSelden, J.
It is unnecessary, in the view I take of this case, to decide the question raised upon the construction of the deed from Thomas to Joseph Brown. It is undoubtedly a general rule that, where the lands conveyed are described by corases and distances, and also by reference to natural objects or fixed and permanent monuments, if there is a discrepancy between the two, the former description must yield to the latter. The reason is, that mistakes are deemed more likely to occur with respect to courses and distances than in regard to objects which are visible and permanent. This, however, is by no…
2Cases cited6 opinions
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson ex dem. M'Donald v. M'CallNew York Supreme Court · 1813
- Kip v. NortonNew York Supreme Court · 1834
- Stuyvesant v. TompkinsNew York Supreme Court · 1812
- Jackson ex dem. Schuyler v. VedderNew York Supreme Court · 1808
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3Cited by81 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
- Reed v. . FarrNew York Court of Appeals · 1866
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- Katz v. . KaiserNew York Court of Appeals · 1897
76 more not listed; retrieve them via the Exa API.