Jackson ex dem. Swain v. Ransom
New York Supreme Court
EJECTMENT for part of small lot No. 174, in a tract of land in Clinton county, tried before the Chief Justice, on J 7 7 the 15tn of June, 1819. The plaintiff gave in evidence a patent to TJdney Hay, a Lieutenant Colonel of the Canada Refugees, for 500 acres of land, dated the 27th of February, 1790, described as follows: “All those two certain tracts of land, (being part of a large tract situate in the county of Clinton, set apart for the Canadian and A'ota Scotia refugees,)…
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EJECTMENT for part of small lot No. 174, in a tract of land in Clinton county, tried before the Chief Justice, on J 7 7 the 15tn of June, 1819. The plaintiff gave in evidence a patent to TJdney Hay, a Lieutenant Colonel of the Canada Refugees, for 500 acres of land, dated the 27th of February, 1790, described as follows: “All those two certain tracts of land, (being part of a large tract situate in the county of Clinton, set apart for the Canadian and A'ota Scotia refugees,) known and distinguished in a map and return of, the said large tract, filed by the surveyor general in the secretary’s…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. This case presents two questions : 1st. Whether the deed from Udney Hay to John Hoope; conveyed lot 174, being parcel and part of lands granted to said Hay, by letters patent; and, 2d. Whether the deed from H oope and wife to John Byrne, also conveyed to the latter" the same lot ? It is contended for the defendant, that the deed from Hay to Hoope, either conveyed lot No. 84, (and there is such a number in the tract,) or that’the deed is so illegible as to render it altogether uncertain what lot was conveyed, or intended to be conveyed. The…
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