Jackson ex dem. Bradt v. Brooks
New York Supreme Court
This was an action of ejectment, tried at the Schenectady circuit in September, 1827, before the Hon. William A. Duer, then one of the circuit judges.
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This was an action of ejectment, tried at the Schenectady circuit in September, 1827, before the Hon. William A. Duer, then one of the circuit judges. On the trial the following documentary testimony was exhibited : 1. Letters patent of the Schenectady patent, granted 17th November, 1684, unto Byert Schermerhorn, and four others, in behalf of the inhabitants of the town of Schenectady» their associates, heirs, sucessors and assigns ; 2. A'deed from Byert Schermerhorn, surviving patentee, to William Appel, dated 23d October, 1714, conveying the whole tract in trust that the grantee should…
1Opinion of the Court
By the Court, Savage, Ch. J.
By the documentary evidence produced, the title to the patent of Schenectady is traced to Jan Wemp, Johannes Teller, Arent Bradt and Barent Wemp, io whom a patent of confirmation was granted by Lieut. Gov*431ernor Hunter, in November, 1714. To shew title in Arent Bradt, the deeds from Wempt and Bradt, surviving trustees, to Glen, and from Glen to Bradt, were offered as ancient deeds. It does not appear that they were received as such, and they clearly were not entitled to be so received, as there was no possession under them of the premises in question. It became…
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