Society for the Propagation of the Gospel v. Hartland

THOMPSON, Circuit Justice.

The two questions which arise in this ease are: 1. Whether the propagation society are seized of such estate in the land in question, as will enable them to maintain an action of ejectment. 2. Whether the decree of the supreme court of this state, in the year 1811, is conclusive upon the right of the society, and estops them from maintaining this action.

The charter under which the society claims the land in question, is from the governor of the province of New York, and bears date on the 23d of July, 1760; and by this charter the land in question is granted to the…