1 Cai. Cas. 493 | N.Y. Sup. Ct. | 1803
The intent was to convey the whole lot. It referred to the map.
Nonsuit set aside.
Where lands had been settled under a survey by a deputy from, the surveyor-general, but upon a wrong line, and the patents for those lands, without specifying metes and bounds, courses or lines, but described them by a reference to a map in the office of the secretary of state “ as there known and distinguished,” it was ruled that the locations should be corrected by the map referred to. Jackson v. Hunter, 1 Johns. Rep. 495. The words “ more or less” are held to be matter of mere description; therefore, if a man convey his land specifying the quantity 100 acres “be it more or less,” if it turn out only 60 acres, even equity will not relieve the vendee, for it is his own laches. Anon. 2 Freem. 106. So if lands be mentioned in a conveyance as containing so many acres, “ by estimation," for a small quantity over, the
See also Van Wyck v. Wright, 18 Wend. 157; Root v. Puff, 3 Barb. Sup, J. Rep. 353; Luce v. Carley, 24 Wend. 451; Lush v. Druse, 4 Wend. 313. Jackson v. McConnell, 19 Wend. 175; Jackson v. Banenger, 15 J. R. 471 Mann v. Pearson, 2 J. R. 37.