Clark v. Wethey
New York Supreme Court
This was an action of trespass quare clausum fregit, and for cutting and carrying away fire wood, tried at the Cayuga circuit. The'defendant claimed title to the locus in quo under a deed executed by the plaintiff to Ephraim Wethey, the father of the defendant, bearing date 18th October, 1804, by which the plaintiff conveyed a farm of about 110 acres, lying in the northeast portion of lot No. 4, Aurelius.
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This was an action of trespass quare clausum fregit, and for cutting and carrying away fire wood, tried at the Cayuga circuit. The'defendant claimed title to the locus in quo under a deed executed by the plaintiff to Ephraim Wethey, the father of the defendant, bearing date 18th October, 1804, by which the plaintiff conveyed a farm of about 110 acres, lying in the northeast portion of lot No. 4, Aurelius. The premises are described in the deed as beginning at the northeast corner of lot No, 4, running thence west 25 chains to a beach tree standing in the road, then south 15 degrees east 10…
1Opinion of the Court
By the Court,
Cowen, J.
Taking the title to the defendant’s farm to cover no more than what is confessedly included in the written boundaries of the deed given by the plaintiff to Ephraim Wethey, and under which the defendant claims, there can be no dispute that his defence is an utter failure. The place of beginning mentioned in the deed is agreed upon by both parties. From that the deed goes round the farm by specific courses and distances: and provided these are to be followed, the deed clearly comes short of the locus in quo. It belongs to the plaintiff. Such is the deed, the written title…
2Cases cited1 opinion
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by19 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Andreu v. WatkinsSupreme Court of Florida · 1890
- Drew v. . SwiftNew York Court of Appeals · 1871
- Pollard v. ShivelySupreme Court of Colorado · 1880
- Harris v. . OakleyNew York Court of Appeals · 1891
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