Jackson ex dem. Harris v. Murray
New York Supreme Court
Ejectment, for lot Jio. 50, in Meniz, in Cayuga county. This lot was patented to Callaghan, a soldier, who died previous to March 27th, 1783. The cause had been once noticed for trial. The lessors claim title under the soldier’s sister and heir at law. In their chain of title, there is a deed from the Sheriff of Cayuga, to S. Dill, who purchased the lot at Sheriff’s sale, as the agent of Harris, one of the lessors, and a deed from Dill to Harris.
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Ejectment, for lot Jio. 50, in Meniz, in Cayuga county. This lot was patented to Callaghan, a soldier, who died previous to March 27th, 1783. The cause had been once noticed for trial. The lessors claim title under the soldier’s sister and heir at law. In their chain of title, there is a deed from the Sheriff of Cayuga, to S. Dill, who purchased the lot at Sheriff’s sale, as the agent of Harris, one of the lessors, and a deed from Dill to Harris. When this latter deed was executed, some, or one of the defendants, were in possession, claiming title to the lot; though such title has never been…
1Opinion of the Court
Curia.
The addition of a new demise is, generally, a matter of course, where the proposed lessor has a subsisting title. (Jackson, ex dem. Finch et al. v. Kough, 1 Caines, 251.), But the defendants are bona fide possessors of a military lot. For the recovery of such a lot the statute declares that the action must have been brought before the 1st day of January, 1823, and be prosecuted to eifect without wilful delay, or the person claiming title shall be forever thereafter barred from recovering. The defendants are actual settlers upon the land under colour of bona fide purchases ; and there is…
2Cases cited4 opinions
- Jackson ex dem. Starr v. RichmondNew York Supreme Court · 1809
- Low v. LittleNew York Supreme Court · 1820
- Jackson v. KoughNew York Supreme Court · 1803
- Lessee of Gardiner v. WilsonSupreme Court of Pennsylvania · 1797
3Cited by1 opinion
- Bogart v. M'DonaldNew York Supreme Court · 1801