Jackson ex dem. Wolcott v. Crosby
New York Supreme Court
THIS was an application for a new trial, on the ground of t rr 7 o newly-discovered evidence. It appeared, from the affidavits vead, that the action was brought to recover the possession of lot No. 71, in the township of Virgil, in the military tract,, so called. The lessors of the plaintiff claimed as heirs at law of Cornelius Brackett, whom, they alleged, was the soldier to whom the letters patent were issued.
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THIS was an application for a new trial, on the ground of t rr 7 o newly-discovered evidence. It appeared, from the affidavits vead, that the action was brought to recover the possession of lot No. 71, in the township of Virgil, in the military tract,, so called. The lessors of the plaintiff claimed as heirs at law of Cornelius Brackett, whom, they alleged, was the soldier to whom the letters patent were issued. The defendants claimed under a deed from a person of the 4 1 same name, bearing date the 24th of August, 4790, made to Samuel Meredith. The principal and important question between…
1Per curiam
The newly-discovered evidence goes very satisfactorily to show, that the same Cornelius Brackett who lived at Crumpond, removed from Woodbridge, when he came there. This is certainly very important testimony as to what is deemed, by both parties, to be the turning point in the cause. *355The defendants are not chargeable with any very gross negligence in not having discovered this evidence before the former trial. The identity of the soldier entitled, to the military bounty land, is a question often involved in much doubt and difficulty, and about which there is, usually, much contrariety of…
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