MVB, Brief for Pulver v. Jackson, c1807

MVB, Brief for Pulver v. Jackson, [c1807]

Supreme Court  
Wilhelmus Pulver  
admr.  
James Jackson Ejectment for lands on the East side of 
en dem <Tenvilleger> Valities Hill under the Fladder & Baker
  Pattent

Plaintiff Title

13th. April 1667 1st. Flodder & Baker pattent
15th. may 1669 IId Deed from Baker to Flodder
  IIId. Death of Jacob I <illegible> Flodder leaving Jan Jacob his heir at Law his death leaving Jacob Gardenier his heir at Law
June 1st. 1710 IVth. Deed from Jacob Gardenier to Edward Wheeler
5th. Jany 1739 Vth. Deed from Ed. Wheeler to Evert his son for part
27th. may ^Feby^ 1776 VIth. Deed from Evert Wheeler to Peter Deyo for his right
  VIIth. Death of Edward Wheeler leaving Robert his eldest son, his death leaving William his eldest son
7th. may 1776 VIIIth. Deed from William to Peter Deyo for all his right in the County of Albany or elsewhere
  IXth. Deed from Peter Deyo to Daniel Freer
  X. Deed from D. Freer to the Lessor of the <Pltf> <Tenvilleger>

Defence

Ist. The Pattent under which <Pltf> claims is void upon the face because it is not certain nor can it be rendered certain

IId. The <Pltff> gives it a construction which the pattentees never dreamt of it was never intended to extend farther than the falls mill sect & a few acres of Bush land round it, as the possession of Edward which in fact was as appears by the Testimony of Harmin Vosburgh.

IIId. This is the construction the pattentees gave to it by the pattentees & their immediate descendants and if it extends further they have not <released> it.

Proof

10th. Jany 1696 Ist. Deed from Andreas Hanse Huyck to the same children of Jan Jacobus Gardenier.
  IId. From Deeds to Johanis Van
Dates 

1704-1720 &

1732.

 Dusen to show what was meant by the Conveyance off a Creek or Kill.
1720 IIId. Deed from Edward Wheeler & <Josina> his Wife for 3 eights of the Creek & mill below the Bridge to Johanis Van Dusen & Malgert Van Der Pool
Septr 24th. 1722. IV. Deed from Edward Wheeler & <Josina> his Wife to Robert Van Dusen for "all that certain corn mill standing & being behind Kinderhoo[k] in said County of Albany on the north side of the great Kinderhook Creek on a certain kill commonly called Valaties Kill with the stone materials. Watercourses &c. and all the right title Intent &c. of the <illegible> Edw & his wife & heirs of in & to the Said mill & Valaties Kill <illegible> even from the Bridge above the fall where the road leads over to <illegible> to the K. Creek together with the houses out houses Barns <illegible> orchards Garden[s] and <Hoffstead> thereunto adjoining upon the west side of the said Valaties Kill to as the same are now possessed and infenced by the said Edward Wheeler & his Wife except one foot Breadth of Water on the East side of the Creek all which they do convey by Virtue of a deed made over unto them by Jacob Gardenier dated 1st. day of June 1710, on Record."
1722 Vth. Agreemt. Between Edward Wheeler & Wife & Johannes Van Dusen to allow which to have half the use of the mill during his & Wifes life & to build a house for them on the east side of the Creek.
1752 VIth. Deed from Robert Wheeler Heir of Edward Wheeler to Johannes Van Dusen for all his right to the Water course on Vallaties Kill below the Bridge & "all his pretensions to the Land adjoining the said Water course."
1762 VIId. Partition of Kinderhook in which Jan Jacobus was a pattentee & Flodder & Baker Pattent not mentioned &
Editorial Process Complete
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