13 Johns. 488 | N.Y. Sup. Ct. | 1816
The premises in question are claimed as being a part'of lot No. ,106», ia Klock 4r Nellis’s patent, and the lessor of the plaintiff makes title, to'the same; under proceedings in partition,:by which it appears, that lot No. 107.'was ordered to'be sold, and a deed was given for it.by the commissioners, ‘bearing date 'the 1-9th- of January, 1814.' No part- of the proceedings are particularly! set out. But it is not pretended that the defendant was a party to those proceedings ; and he' claims title to -the same premises; tinder a deed from George Ten .Eyck, bearing date, the 17th -of April,. 1810, by which the. premises In question are described as lot Np. 107», in the subdivision of the patent; and áre further described by metes'and bounds, so as tó include the premises iff question ; it also appears, that soon after the 'deed was given, the dm
Motion denied.