Legal Opinion

Jackson ex dem. Newcomb v. Smith

New York Supreme Court

Decided May 15, 1812PublishedCited by 8 opinions

THIS was all action of ejectment for lands in Plattsburgh. A patent dated 26th October, 1784, was granted by the people to Z. Plait, for 31,360 acres of land, in which there was a reservation of 960 acres; 400 acres for the use of the gospel, and 460 acres for the use of schools.

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THIS was all action of ejectment for lands in Plattsburgh. A patent dated 26th October, 1784, was granted by the people to Z. Plait, for 31,360 acres of land, in which there was a reservation of 960 acres; 400 acres for the use of the gospel, and 460 acres for the use of schools. Platt caused the outlines of the patent to be surveyed; and a map thereof to be made, designating all the lots, including two lots for the use of the gospel, and three for the use of schools, and directed a survey of the whole tract to be made, according to such map. During the survey, he resided at Plattsburgh, and…

1Per curiam

Assuming what the defendants contend for, that the election of the location of the gospel lot belonged to Z. Platt, the patentee, there is sufficient evidence of his locating it, as actually run out by the surveyor, and designated by marks and monuments. His first location on the map was corrected and controlled by his subsequent assent to the lot as run out. He could not have been ignorant of the location by the surveyor. He re sided at Plattsburgh, near the premises, and the surveyors reported to him weekly, and he corrected what he deemed incorrectly run. The N. E. corner of the gospel…

2Cited by8 opinions

  1. Gwynn v. SchwartzWest Virginia Supreme Court · 1889
  2. Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
  3. Ingalls v. LordNew York Supreme Court · 1823
  4. Rockwell v. AdamsNew York Supreme Court · 1827
  5. Proprietors of Enfield v. PermitSuperior Court of New Hampshire · 1830

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