8 Wend. 183 | Court for the Trial of Impeachments and Correction of Errors | 1831
The following opinions were delivered :
The people of this state, upon the declaration of independence, succeeded to all the rights of the crown, and they are the owners of all the lands within the limits of the state, except such as have been granted to others, or where their title has been lost by adverse possession. Where lands have never been granted by them, they are presumed to be the owners until the contrary appears; and in such cases, they can give no other evidence of their title than that produced on this trial. The attorney-general proved that the premises in question were vacant and unoccupied- thirty years before the trial, and that the first cléaring thereon was made about 24 years previous to the commencement of the suit, which had been pending four years at-the time of the trial in June, 1829. This was presumptive evidence of right in the people of this state at the "time Ruel, under whom the defendant claimed, went into possession. As that possession had been held adversely to the rights of the people, sixteen years short of the period then limited for the bringing of actions by them, it became necessary for the defendant to show title out of the state to rebut that presumption.
As the patent for the Hoffman township does not profess to be bounded on Road patent No. 2, except at the clump of rocks, it is evident that the premises in question do not lie within the bounds of that township, which must be run according to the courses mentioned in that grant, beginning at the clump of rocks, and terminating the second course at the northeast bounds of township No. 24. Thé plaintiffs were therefore en
Where several particulars are given, all of which are necessay to ascertain the land intended to be conveyed, nothing but what will correspond with all those particulars will pass by the grant. Thus, if land is conveyed by metes and bounds, without any other description to ascertain the premises, it
The question was fairly submitted to the jury in this case to determine whether “ the easternmost corner of township No. 24,” described as the place of beginning in the patent to Thur
Although my present impressions are, that Webster’s survey was correct as to all the lines of this patent, the question as to the correctness of his location of the three last lines does not arise in' this case. It is therefore unnecessary that we should pass upon that question.
I have no doubt of the correctness of the decision of the supreme court in this case, and I shall therefore vote for an affirmance of the judgment
The decision of this cause depends upon the construction to be given to the wording of a patent granted to John Thurman, on the 8th day of May, 1795, known as road patent No. 2, in the county of Warren. The first object in settling the location of the patent in question, is to ascertain with sufficient certainty the first station in the lines of the patent, which is described to be at the easternmost corner of township No. 24", of Totten & Crossfield’s purchase. All the testimony which goes to settle the position of the easterly corner of township No. 24, describes it as a stake
The plaintiff in error insists that the true starting point intended in the patent, is about one mile north of station D in the easterly line of township No. 24, and that by adopting that position the whole of the lines may be run in strict accordance with the courses and distances given in Road patent No. 2, and without trenching upon the individual rights of any claimants. But this starting point seems designated by cab culation, and not by any positive or direct testimony. The grounds upon which this station is assumed, result from a de
In deciding this case, it appears to me, two difficulties are presented, wholly irreconcileable. If the station D. be taken as the starting point, the patent cannot be closed, nor more than half the quantity of land included; and if that station be rejected, the proof must be wholly disregarded, so far as regards the location of the corner of township No. 24. By abandoning D. as the starting point, justice may be done to all parties ; by retaining it, injustice will be done to the patentee, or greater violence must be done to the wording of the grant in the description of its lines. Notwithstanding there is some discrepancy in the testimony, I consider the corner of township No. 24 established with reasonable certainty; but at the same time the evidence contained in the patent is, at least, equally entitled to consideration and credit; and where the two are incompatible, it may be safer to rely on a solemn record, than on the less certain testimony derived from recollection, or professional accuracy.
On the question being put, Shall this judgment he reversed ? jive members expressed their opinions in the affirmative, and fourteen in the negative. The members who were in favor of a reversal were Senators Fuller, Rexford, Sandford, Warren and Westcott.
Whereupon the judgment of the supreme court Was affirmed!.