Legal Opinion

La Frombois v. Jackson ex dem. Smith

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1826PublishedCited by 60 opinions

Ok error from the supreme court. The action below was ejectment for lot No. 72, in Dean’s patent, Chazy, Cliptpn county; tried at the circuit in that county, June 24th, 1822, before Yates, (late) justice of the supreme court; when a special verdict was found; stating, that on the 11th of July, 1769, letters patent were granted to Dean, Boyd and others, for 4,618 acres, including the premises in question ; that in 1798, a field book and map of thp patent were made; and, on…

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Ok error from the supreme court. The action below was ejectment for lot No. 72, in Dean’s patent, Chazy, Cliptpn county; tried at the circuit in that county, June 24th, 1822, before Yates, (late) justice of the supreme court; when a special verdict was found; stating, that on the 11th of July, 1769, letters patent were granted to Dean, Boyd and others, for 4,618 acres, including the premises in question ; that in 1798, a field book and map of thp patent were made; and, on the 17th of August, 1802, a partition among the proprietors, by which lot 72, the premises ip question, fell to" Jonathan…

1Opinion of the Court

But as they proceeded mainly on the ground that the claim of the defendant below was bottomed on a grant from, or contract with, a foreign government, which the court here rejected as not arising in the case, the arguments are, therefore, omitted,

RThe defendant in. error made three additional points against the adverse possession of the defendant below,

1. That the papers, under which he claimej, forbid the presumption that he entered under color of title.

2. That he. could not he deemed, to have held under Mao kay. .

*5958. That the title was in Great Britain at the time of his entry, against whom…

2Cases cited19 opinions

  1. Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
  2. Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
  3. Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
  4. Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
  5. Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824

14 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
  2. Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
  3. Wiseman v. . LucksingerNew York Court of Appeals · 1881
  4. Van Valkenburgh v. LutzNew York Court of Appeals · 1952
  5. Hamilton v. BoggessSupreme Court of Missouri · 1876

55 more not listed; retrieve them via the Exa API.

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