Jackson ex dem. Atwood v. Douglass
New York Supreme Court
Ejectment for the east half of lot 22, in Beekmantown, Clinton county, tried at the circuit in that county, January 21st, 1825, before Walworth, C. Judge.
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Ejectment for the east half of lot 22, in Beekmantown, Clinton county, tried at the circuit in that county, January 21st, 1825, before Walworth, C. Judge. The lessors of the plaintiff claimed under a patent, including the premises in question, from the people to Zephaniah Piatt, dated, and which passed the secretary’s office, February 28th, 1787. And the defendant claimed under letters patent from the people, covering the same premises, to Simeon Metcalf, hearing date, and tested, and signed by the governor, the 14th day of August, 1786; but it did not pass the secretary’s office till July…
1Opinion of the Court
Curia, per Sutherland, J.
The governor, as such, has no authority to sell, or contract for a sale, of the unappropriated lands of this state. That power is entrusted to the commissioners of the land oÓice. The person administering the government is ex officio, one of those commissioners ; but he possesses no greater power than any other member of the board. (1 R. L. 292. 1 Greenleaf, 280.) The commissioners are authorized to direct the form of the patent to be issued. But whatever the form may be, the sale and the patent are efficacious, only as directed by, and emanating from the…
2Cases cited1 opinion
- Heath v. RossNew York Supreme Court · 1815
3Cited by3 opinions
- Emmons v. HardingIndiana Supreme Court · 1904
- Bacon v. KimmelMichigan Supreme Court · 1866
- Beach v. Mayor of New YorkNew York Supreme Court · 1872