Gillett v. Stanley
New York Supreme Court
Ejectment, to recover lot No. 24, in Junius, now Tyre, Seneca county, containing 600 acres, tried before Moseley, C. Judge, at the Seneca circuit, in May, 1838. The first count alleged a title in fee in Zacheus P. Gillett, and Isaac Norton and William H. Jacacks, surviving assignees of the said 2Jacheus P. Gillett.
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Ejectment, to recover lot No. 24, in Junius, now Tyre, Seneca county, containing 600 acres, tried before Moseley, C. Judge, at the Seneca circuit, in May, 1838. The first count alleged a title in fee in Zacheus P. Gillett, and Isaac Norton and William H. Jacacks, surviving assignees of the said 2Jacheus P. Gillett. The second count was on the title of Gillett ; the third, on the title of Isaac Norton, one of the surviving assignees of Gillett; and the fourth count, on the- title of William S. Jacacks, one of the surviving assignees of Gillett. The plaintiffs gave in evidence a patent dated…
1Opinion of the Court
By the Court, Bronson, J.
The children of Captain John Otaawighton, the patentee, so far as the fact of their being Indians is concerned, were capable of taking by descent, and, with the approbation of the surveyor general, of aliening the lands which had been granted to their father. (Private Laws of 1809, p. 62. 6 Web. 7, ch. 25, act of 2d March, 1810. 1 R. S. 720, § 13.) There can be no doubt, that the certificate of approbation endorsed by the surveyor general on the deed to Gillett, was a compliance with the acts of 1809 and 1810. (See Jackson v. Brown, 15 John. R. 264; Murray v. Wooden,…
2Cases cited6 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Bool v. MixNew York Supreme Court · 1837
- Holmes v. SeelyNew York Supreme Court · 1837
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
- Swart v. ServiceNew York Supreme Court · 1839
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