13 Johns. 346 | N.Y. Sup. Ct. | 1816
'delivered -the-.©pinion, -of the court. ■ ,Sf •{heRumboiitiov Fishhill .patent.was .now,- for the first.time! to receive: •á.-eonsíruotionyánd location, I .should very much invi clinevto adopt that which has-been.’given-.tp -it by-t-hedeféfidántis counsel. Upon.thÍs ábstract'quest¡onjhoweveri..thecourtdó.not, mean to express any opi nion, .But in 'grants.-of- such .aritiqui-tyy where the description;of-the land is vague, and the,construction' somewhat, doubtful, -the acts-of the'parti'e.s^'fhe acts, of govern.-' moot, and of those claiming under adjoining patents,, are entitled! to great weight, in die location of the grant;.- -It ought, also, to., be noticed, in the- outset, .that . the defendant'.in -this-action,dopsi Kot:pretep.d, t.o-'el:aim or set up any title to the premises in ques-. tionybut- rests entirely, upon his .possession, and -that not of more, than ten or twelve years continuance, and this,possession field pnfier the idea that,it , was not covered;,by any patent, -but formed, a part of a gore, between the Rumbout ond Phillips patent,. This> pretension must- be laid out of view as altogether un-. founded; Phillipses patent, which lies on. the. south, is express-, ly bounded, on the south line of this patent, which makes it im-. possible that.there should be any vacant land, between the - two. patents., Construing the. Rumbout patent, per■ se, there isnothing in it which requires the south bpundsto.be an east and, west line.
Judgment for the plaintiff.