13 Johns. 513 | N.Y. Sup. Ct. | 1816
The premises in question are a part of lot
bio. 15;, in the artillery patent; and the lessors of the plaintiff are Cadwallader R. Coldsn, and the heirs of Abraham. Walton, The first question that arises is, whether any title has be,en shown in the lessors, or any of them. The patent was granted in the year 1764,-to Joseph Walton, and twenty-three other persons, for twenty-four thousand acres of land; In the year 1765, a partition of the patent was made among the then proprietor^ ; and for the purpose of making the partition, a deed in trust was executed to Abraham Walton, who covenanted, on his part, to execute releases in . fee, to the respective owners of the lots, according to. such partition. This deed contained a recital, fhat the parties of the first part ha& by sundry piesne conyéyances, become seised of the lands granted by the patent, in
Judgment for the defendant.
In the .case of the same lessors against John Parish, the premises in question -Were á ’part of the ’land-formerly held by Perkin*» and judgment was /also given’fór.the defendant., on thegróund ofa'd ver se possession. But in the five,other causes, at the suit ófthe same lessor*,, depending ob thé same case,-judgment was,given ^forth? plaintiff), as .no adverse possession was attempted to be set up.