Legal Opinion

Jackson ex dem. People v. Lervey

New York Supreme Court

Decided February 15, 1826PublishedCited by 11 opinions

Ejectment, to recover possession of 50 acres of land, being a part of lot number 26, in the township of Locke, as escheated land.

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Ejectment, to recover possession of 50 acres of land, being a part of lot number 26, in the township of Locke, as escheated land. The following facts were agreed upon by the attorney general, and the attorney for the defendant: ° J J Lot number 26, in the township of Locke, was drawn by Peter Stringerland, a soldier in the revolutionary war. ■Stringerland was a slave ; and died during the war, leaving a child horn of a woman, between whom and Stringer-land the ceremony of marriage had taken place, previous to the birth of the child; and the defendant derived title, bona fide, from the child…

1Opinion of the Court

Curia, per Woodworth, J.

Peter Stringerland, a slave, was a soldier in the revolutionary army, and died during the war, leaving a child, born of a woman, also a slave, to whom Stringerland had been married, before the birth of the child. From him the defendant is a Iona fide purchaser. The lot in question was drawn by Stringerland.

The act of 1790 directed the patents to issue in the names of the persons who had actually served, and to their heirs and assigns forever; and that the lands should be deemed to have vested in the grantees and their heirs, on the 27th March, 1783.

The act of April…

2Cases cited1 opinion

  1. Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823

3Cited by11 opinions

  1. Arents v. . Long Island R.R. Co.New York Court of Appeals · 1898
  2. Hall v. United StatesSupreme Court of the United States · 1876
  3. In Re Estate of McDadeSupreme Court of Oklahoma · 1923
  4. Smith v. PipeSupreme Court of Colorado · 1877
  5. Timmins v. LacyTexas Supreme Court · 1867

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