THIS was an action of ejectment, tried at the Saratoga circuit in May, 1828, before the Hon. Nathan Williams, one of the circuit judges.
Anthony Van Schaick, by his last will and testament bearing date 17th August, 1781. Devised all his real estate to his Wife Christina for life, with remainder to his daughter Anna, the wife of John G. Van Schaick, in fee.
On the 28th February, 1784, Christina Van Schaick, John G. Van Schaick
and Anna his wife, demised lots Nos. 71 and 99 in the Halfmoon or Var.
Schaick’s patent to the defendant for the term of sixty-seven years,
reserv ing an annual rent of’ £9. The defendant entered into possession
of the premises, and remained in possession at the commencement of this
suit in May, 1827. Christina Van Schaick died about seventeen years
before the trial, and Anna Van Schaick about eleven years before the
trial, leaving her husband John G. Van Schaick living. A few days previous
to the commencement of this suit, one of the heirs of Anna Van Schaick
demanded of the defendant payment of the rent due upon the lease executed
to him. The defendant admitted that he held such lease, but refused
to pay any rent stating that he had warranty deeds from Mr. Ludlow and
others for the land This suit was then commenced for the recovery of
the demised premises The lessors of the plaintiff were John G. Van
Schaick and the children of his marriage with Anna Van Schaick. On this
evidence the plaintiff rested On the part of the defendant, it was shown
that difliculties having arisen as to the boundaries of the Halfmoon
patent and the patent of Kayaderosseras, which adjoined it, an agreement
was entered into by the [634] proprietors of those patents on 21st November,
1792, to apply to the legislature of the state for the appointment of
commissioners to determine the boundary lines between those patents,
which agreement was signed, amongst others, by Christina Van Schaick,
and the petition was presented. On the 31st January, 1793, a similar
agreement was entered into between the proprietors of the patents of
Halfmoon, Kayaderosseras and Shannondhoi or Clifton Park; this, however,
was not signed by Christina Van Schaiok, nor by any other under whom
the lessors of the plaintiff claimed. On 11th March, 1793, an act was
passed by the legislature appointing commissioners in pursuance of the
prayer of the petitioners. On the 25th February, 1794, a, majority of
the commissioners made and filed their determination in the premises,
establishing the boundary lines as designated on a map of the ayaderosseras
patent subscribed by three commissioners of the names of Yates, Glen
and Palmer, and by a surveyor of the name of Webb. The defendant then
proved that the premises in question laid within the Kayaderosseras
patent according to the lines thus established, and produced in evi
dence four deeds of distinct portions of the premises 1n question from
sundry . . .