Munro v. . Merchant
New York Court of Appeals
Appeal from the Supreme Court, (a) The action was ejectment, brought to recover a part of lot No. 2 of the 20th allotment of the Kayaderosseras patent. The land embraced in that tract was granted by Queen Anne to Bip Van Dam and twelve other persons, by letters patent dated November 2, 1708. Both parties claimed under title derived from Yan Dam.
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Appeal from the Supreme Court, (a) The action was ejectment, brought to recover a part of lot No. 2 of the 20th allotment of the Kayaderosseras patent. The land embraced in that tract was granted by Queen Anne to Bip Van Dam and twelve other persons, by letters patent dated November 2, 1708. Both parties claimed under title derived from Yan Dam. There had been a partition of the patent by commissioners acting under a colonial statute, in the year 1769, but the court held that there was a defect in the proof requisite to show its validity, and the plaintiff’s claim was therefore limited to an…
1Opinion of the Court
Denio, Ch. J.
It is not denied that Hugh Munro the elder, to whom the premises in question were conveyed in 1774, lived and died a subject of the King of Great Britain. He was born in Scotland, and, at an early day, came to reside in the colony of Hew York, and lived near Fort Miller, within the present county of Saratoga, when he received the conveyance of these lands. Shortly afterwards, and about a year before the commencement of the revolutionary war, he went to Montreal, and always afterwards resided in Canada, until his death, in 1802. He was consequently an alien, as regards this state,…
2Cases cited6 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Shanks v. DupontSupreme Court of the United States · 1830
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- McIlvaine v. Coxe's LesseeSupreme Court of the United States · 1808
- Harden v. FisherSupreme Court of the United States · 1816
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3Cited by17 opinions
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- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Edwards v. . NoyesNew York Court of Appeals · 1875
- Joy v. StumpOregon Supreme Court · 1887
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