Cruger v. . Dougherty
New York Court of Appeals
Appeal from a judgment of the late G-eneral Term of the Supreme Court in the sixth judicial district, affirming judgment on a verdict directed for the plaintiff at the circuit.
Read the full summary
Appeal from a judgment of the late G-eneral Term of the Supreme Court in the sixth judicial district, affirming judgment on a verdict directed for the plaintiff at the circuit. This was an action of ejectment to recover an undivided one-sixth part of lot ISTo. seven, containing 150 acres in the liortright patent, alleged to have been conveyed in 1789, by John Kortright to David Mcllwain, by a lease in fee, reserving an annual rent in perpetuity, of sixpence sterling per acre, and the right of reentry, in case any rent remained due for the space of three months, but reserving no such right…
1Opinion of the Court
By the Court—Peckham, J.
Many questions were made on the trial, as to the proof of the original patent, and as to the proof of the proper title of the plaintiff. We do not think any one well taken, but if either were, it became immaterial, by the further proof, that the defendant held under and subject to that title. The patent contained some 22,000 acres, besides lands for roads, etc., therein. ' A large portion of the lots embraced in the patent, were held by grantees of the original patentee or them assigns, under grants in fee reserv-. ing rent. This lot was so held, and rent had been paid…
2Cases cited8 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Whitney v. . ThomasNew York Court of Appeals · 1861
- Doughty v. HopeNew York Court of Appeals · 1848
- Wheeler v. AnthonyNew York Supreme Court · 1833
- Pratt v. ComanNew York Court of Appeals · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Walker v. . WalkerNew York Court of Appeals · 1898
- St. Luke's Hospital v. BoylandNew York Court of Appeals · 1962
- Grant v. BartholomewNebraska Supreme Court · 1899
- Burrows v. Delta Transportation Co.Michigan Supreme Court · 1895
- Matter of Appl'n of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
25 more not listed; retrieve them via the Exa API.