Smiles v. Hastings
New York Supreme Court
MOTION by the plaintiff for a new trial, or judgment on a verdict in his favor, taken subject to the opinion of the court, for six cents damages.
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MOTION by the plaintiff for a new trial, or judgment on a verdict in his favor, taken subject to the opinion of the court, for six cents damages. The case discloses the following facts: Upon the death of John Atkinson',, sen., prior to the year 1828, the title in fee to the whole of the two large lots, numbers 33 and 25, of the second division .lots in township No. 13, in the 7th range of townships, now in the town of Irondequoit, in the county of Monroe, descended to his heirs at law, as tenants in common, who, in October, 1828, caused the whole tract, -consisting of the said two lots 33 and…
1Opinion of the Court
By the Court, Welles, J.
The subdivision, map and partition of this whole tract, consisting of the original lots numbers 33 and 25, were the acts of all the heirs at law of John Atkinson, sen,, deceased, and they and their grantees are bound by those acts. The map was, in fact, part and parcel of the several conveyances mentioned in the case, as they all, either by express words or unavoidable implication, refer to and recognize it; and it is impossible to locate the lands described in them without resort to it. It exhibits the road in question as plainly and distinctly as it shows any thing…
2Cases cited2 opinions
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