1 Johns. Ch. 357 | New York Court of Chancery | 1815
The master reports, that the parties, respectively, can make a good title to each other for the premises mentioned in the submission and award. But the defendant objects to the goodness of the plaintiff’s title, on two grounds: I. That the lands are charged with an encumbrance reserved in the deed of the 26th of October 1694, from Robert Livingston to Dirck Wessells, the ancestor of the plaintiff. By this deed, which was for a tract of land of which the premises were only a part, the grantor reserved to himself, and Ms heirs and assigns, the right of cutting timber, and of grazing, in the woods “ not appropriated or fenced inP 2. That the deed contained, also, a reservation to the grantor, and his heirs and assigns, of the yearly rent of 10s.
I shall, accordingly, decree a specific performance of the agreement of the parties, mutually to convey. The only remaining point is, whether the defendant is to be charged with interest on the 10,750 dollars, from the 1st of April, 1813. If he is to be so charged, then there ought to be an account taken of the rents and profits of the respective farms for the last two years. But as each party has continued in the possession of their respective original farms, and as the farm of the plaintiifis to be considered as exceeding in value
Decree accordingly.