Jackson ex dem. Potter v. Sisson
New York Supreme Court
This was an action of ejectment for lands in the town of Jerusalem, in the county of Ontario. The declaration stated, 1. A demise, by William Potter, for lot No. 16 in the gore land granted by letters patent to James Parker, William Potter and Thomas Hathaway, and their associates; 2. A demise by the above three persons, and five others.
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This was an action of ejectment for lands in the town of Jerusalem, in the county of Ontario. The declaration stated, 1. A demise, by William Potter, for lot No. 16 in the gore land granted by letters patent to James Parker, William Potter and Thomas Hathaway, and their associates; 2. A demise by the above three persons, and five others. On the trial, at the Ontario circuit, in June, 1800, the defendant admitted himself to be in possession of lot No. 16, and the lessor of the plaintiffs produced the letters patent for the premises in question, bearing date the 10th day of October, 1792, by…
1Opinion of the CourtKent, J.
I shall confine myself to one or two points, which appear to be sufficient to determine the cause.
There was no legal estate created by the patent, but what vested in the three patentees named. The description of the association, by the words, “ a settlement of friends on the west side of the Seneca lake,” was too vague and uncertain to constitute a competent grantee at law, or a cestay que use, whose estate the statute would transfer into possession. (Saunders on Uses, 63,128.) This would be like a grant *323to the parishioners, or inhabitants *of a dale, or to the commoners of such a waste, or…
2Cases cited1 opinion
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
3Cited by8 opinions
- Smith v. AllenIndiana Supreme Court · 1818
- Kelley v. BourneOregon Supreme Court · 1887
- Magill v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1833
- Jackson ex dem. Kemball v. Van SlyckNew York Supreme Court · 1811
- Thomas v. Inhabitants of MarshfieldMassachusetts Supreme Judicial Court · 1830
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