¶1Let the plaintiff have leave to perfect his judgment with costs to be taxed, and let all other proceedings be staid, that the defendant may have it in his power to apply to the chancellor, under the second section of the act, as he is entitled to the benefit of its provisions. See Jackson v. Bush, 3 Johns. Rep. 512, and Jackson v. Seaman, ibid. 495. As, however, the plaintiff, previous to the commencement of his action, offered-to'pay the value now demanded, we think him entitled to his costs, and we wish it to be understood, that in future, the claims of defendants to the value of their improvements under this act, will depend upon the report of the circuit'judge
2 Cai. Cas. 105
Jackson v. Watson
Decided August 15, 1804
New York Supreme Court · decided 1804-08-15
This was an application to be paid for the value of improvements pursuant to the provisions of the act of the 5th of April, 1803, entitled, “ An act grafting relief to certain persons claiming “ title to lands in the counties of Gayugu and Onondaga;” that till the improvements were paid for, execution on the writ of possession might be staid, and that the judgment on the verdict obtained might be entered without any costs of increase.
Decided 1804-08-15