Jones v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the ¡Supreme Court in the third judicial department, affirming a judgment in favor of defendant, -entered upon an order non-,suiting plaintiff on trial. This was an action of ejectment. It is reported upon a former appeal in 64 N. Y., 180. The parties were adjoining owners;' the question was ■simply as to the boundary line between them.
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Appeal from judgment of the General Term of the ¡Supreme Court in the third judicial department, affirming a judgment in favor of defendant, -entered upon an order non-,suiting plaintiff on trial. This was an action of ejectment. It is reported upon a former appeal in 64 N. Y., 180. The parties were adjoining owners;' the question was ■simply as to the boundary line between them. Plaintiffs ■claimed under a deed executed in 1820, from one Seth Hunt to George Throop, which described the premises corn veyed as follows: “ All that certain lot or piece of land ■called the Cross lot, situate in…
1Opinion of the CourtAllen, J.
The plaintiffs can take no benefit from the terms of the description of the granted premises from Hunt to Throop, so as to extend the boundaries beyond the east line of the Benson and Montressor patents. That lino was the boundary of the lands granted on the east, and the moro general and introductory description preceding the specific and particular boundaries, as “ the lot or piece of land called the cross lot and now in the possession of the said George Throop,” was too general to control and override the more certain and material description following. If, by an adverse occupation, or by…
2Cases cited3 opinions
- Doe ex dem. Arden v. ThompsonNew York Supreme Court · 1826
- White v. . WilliamsNew York Court of Appeals · 1872
- Jones v. . SmithNew York Court of Appeals · 1876
3Cited by12 opinions
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- Thayer v. . FintonNew York Court of Appeals · 1888
- Byrd v. PhillipsTennessee Supreme Court · 1907
- Seymour v. ClevelandSouth Dakota Supreme Court · 1896
- Nichols v. New England Furniture Co.Michigan Supreme Court · 1894
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