Reports of Cases Argued and Determined in the Supreme Court, and the Court of Errors and Appeals of New Jersey (Volume 28 ) (9781235664946)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861. Excerpt: ... Opdyke v. Stephens. So much of the instruction asked for as declares that the correspondence hetween the courses and distances in the plaintiff's deed, and those in the Prior deed for the same land now claimed by the plaintiff and the adjoining lands, together with the map and memorandum endorsed by Daniel Smith upon his deed of the 20th July, 1776, were evidence to be considered by the jury in determining the boundaries of the lot couveyed by George Smith, jun., to the plaintiff, was proper. If this had been the whole instruction asked, its denial would have been erroneous. The evidence was clearly competent and proper for the consideration of the jury. But the facts, including the map and memorandum, were before the jury, and it is not clear that the court intended to declare that they were not evidence, or to exclude them from the consideration of the jury. The request for this instruction was coupled with another, which joint request was designed to present, and does present the real question at issue. The court was not only requested to instruct the jury that the foregoing facts were competent evidence for their consideration, but also that if they believed from that and from the evidence in the cause the jury were satisfied that it was intended by that deed to terminate the line of twenty chains and fifty links at the northwest corner of the Pryor lot, and from that corner to run the next course to the corner of Grandin's land, their verdict should be for the defendant. It may be objected to the latter part of this instruction, that it assumes as true what was a question of fact to be decided by the jury, viz. that if the lines were thus run the timber was not cut upon the plaintiff's land. But there seems to have been no question upon this point. I...

Product details

• Format Paperback | 208 pages
• Dimensions 189 x 246 x 11mm | 381g
• Publication date 03 Feb 2012
• Publisher General Books
• Publication City/Country Miami Fl, United States
• Language English
• Illustrations note Illustrations, black and white
• ISBN10 1235664945
• ISBN13 9781235664946

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