Moore v. Jackson ex dem. Erwin
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The action in the supreme court was an action of ejectment for the recovery of land in the county of Steuben.
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Error from the supreme court. The action in the supreme court was an action of ejectment for the recovery of land in the county of Steuben. The lessors of the plaintiff were the children and grand children of one Arthur Erwin, to whom and three others, Oliver Phelps, by deed bearing date the 17th September, 1790, conveyed two tracts of land described as “ lying and being in the district of Erwin, in the county of Ontario, state of New-York, being township number three in the fifth range, also number four in the sixth range, to be six miles square and containing 23,040 acres each and no more,…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
If the supreme court were right in their construction of the deed of the 17th of September, 1790, to Arthur Erwin and his associates, the children of Mrs. Mulhollon are entitled to one undivided sixtieth part of Moore’s farm. As only seven of those children were the lessors of the plaintiff, the recovery was for but seven-eights of that sixtieth. The whole quantity of land to which they are entitled, out of this farm of 160 acres, is between two and three acres only. If this were the whole extent of the *63controversy, the case would be of…
2Cases cited1 opinion
- Jackson v. ZimmermanNew York Supreme Court · 1804
3Cited by14 opinions
- People v. TaylorNew York Supreme Court · 1846
- Wardell v. HowellNew York Supreme Court · 1832
- Coleman v. . BeachNew York Court of Appeals · 1885
- Wilsons v. HarperWest Virginia Supreme Court · 1884
- Barney v. MillerSupreme Court of Iowa · 1865
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