McKinnon v. . Bliss
New York Court of Appeals
Appeal from the Supreme- Court. Ejectment for land in Herkimer county described as being part of Susanna Johnson’s three thousand acre tract, in the fourth allotment of the Royal Grant.
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Appeal from the Supreme- Court. Ejectment for land in Herkimer county described as being part of Susanna Johnson’s three thousand acre tract, in the fourth allotment of the Royal Grant. Upon the trial before Mr. Justice Pratt and a jury, the plaintiffs read in evidence an exemplified copy of the will of Sir William Johnson, dated January, 27, 1774, and which was proved before the surrogate of Tryon county in July, 1774. This will recited that “his present majesty George the Third, was graciously pleased, as a mark of his favour and regard, to give me a patent under the great seal for the…
1Opinion of the CourtSelden, J.
The first question presented by this case is, whether it was sufficiently established upon the trial, that Sir William Johnson, prior to his death in 1774, was the proprie-. tor of a tract called the Royal Grant, situated in the now county of Herkimer, and embracing the premises in controversy. His title was claimed to have been derived from a grant directly from the British Crown.
For the purposes of this question I shall assume, that the plaintiffs had made all the search for the original grant of letters patent which the law requires; that they were not bound to resort to the government…
2Cases cited5 opinions
- Scott v. ThorpNew York Court of Chancery · 1835
- Morris v. Lessee of Josiah Harmer's HeirsSupreme Court of the United States · 1833
- Doe ex dem. Clinton v. PhelpsNew York Supreme Court · 1812
- Jackson ex dem. Wilkins v. LambNew York Supreme Court · 1827
- Gregory v. BaughCourt of Appeals of Virginia · 1827
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- Gallagher v. Market Street Railway Co. of San FranciscoCalifornia Supreme Court · 1885
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