Public-domain · open source
OpenJurist

19 F. Cas. 937

Polk v. Robertson

U.S. District Court

Decided June 15, 1809

U.S. District Court · decided 1809-06-15

Ejectment; plea not guilty, and issue. The plaintiff produced the oldest grant for five thousand acres of land, dated about the year 1786, lying on the head waters of Rich-land creek, beginning at John Nelson’s southeast corner (of grant No. 1,120). thence north one thousand two hundred and fifty poles, east six hundred and forty poles, south and west to the beginning, in an oblong.

Relies on Embree v. Ellis · Jackson ex dem. Goodrich v. Ogden · Jackson v. Shearman

Decided 1809-06-15

PER CURIAM.

¶1Evidence of admissions ■can be received in questions of boundary, as well as in other cases, but they should be clear and unequivocal to have any effect It is always a suspicious kind of evidence, and the jury should be convinced that it was the intention of the party to admit a fact, being satisfied of its truth. In this case there does not appear to be a clear admission of the fact, but the jury will judge of this. Admissions of law, or what the law is, have no effect in a court of justice; they are never noticed. Admissions are evidence as to boundary. See 3 Johns. 223, 400; 2 Johns. 120; 2 Dall. 94; 4 Hen. & M. 194; 2 Hayw. (N. C.) 210, note; Hardin, 232; Camp. 367; 4 Johns. 143; 2 Gould, Esp. N. P. 34. But not evidence as to title. See 6 Johns. 19.

¶2The whole question before the jury depends upon the identity of the survey, or boundaries of the plaintiff’s land. If the jury believe from the testimony they have heard, that this is the place surveyed for the plaintiff, and granted to him, they will find for him, otherwise for the defendant.*

¶3Verdict for the plaintiff.

/19/fcas/937 · .json · Public domain