Jackson ex dem. Suffern v. McConnell
New York Supreme Court
This was an action of ejectment, tried at the Tioga circuit in October, ]8£6, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of ejectment, tried at the Tioga circuit in October, ]8£6, before the Hon. Robert Monell, one of the circuit judges. John Suffern, one of the lessors of the plaintiff, being the owner of a tract of land containing 400 acres, on the 22d January, 1816, conveyed the same to John S. Suffern (the other lessor of the plaintiff) and Elizabeth, the wife of the said John S. Suffern, excepting and reserving 200 acres off of the north side of the lot agreed by articles of agreement, bearing date 2lst June, 1814, to be conveyed by the grantor to John McConnell. On the 11th April, 1816,…
1Opinion of the Court
By the Court,
Cowen, J.
I do not collect from the case that the question of excess in Lawrence’s survey, of three or four acres over the two hundred intended to be conveyed to the defendant, was either submitted to the jury or passed upon by them. Certainly it could not be made available as in itself the ground of recovery: The words of exact restriction to two hundred acres and no more in the deed to the defendant could never be allowed to supersede or control a palpable description, so easily traceable as was the Lawrence survey, through its monuments, courses and distances.
The acquiescence…
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