Orser v. Hoag
New York Supreme Court
Ejectment, tried at the Westchester circuit, in' November,-1840, before Ruggles, C. Judge. The suit was brought by' Joseph Orser and twenty-three others, to recover possession of a farm in Westchester county, containing about 100 acres of land.
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Ejectment, tried at the Westchester circuit, in' November,-1840, before Ruggles, C. Judge. The suit was brought by' Joseph Orser and twenty-three others, to recover possession of a farm in Westchester county, containing about 100 acres of land. The case, as it appeared on the trial, was this : Joseph' Orser, senior, who, at the commencement of the revolutionary war, was a native of the colony of New-York, of<#full age, owned the farm in question in 1782; and lived on another farm in the same county. He was a torv, and his house and bam having been burned during the revolution, he immediately…
1Opinion of the Court
By the Court, Nelson, Ch. J.
Joseph Orser, senior, and his family, who joined the British forces in 1782, and never afterwards returned to reside in this country—thus electing to continue their allegiance to the British government after the *81severance by the declaration of independence—are to be regarded as aliens, according to the settled doctrine of this country ; (Jackson v. White, 20 Johns. R. 313 ; Inglis v. The Trustees of The Sailor’s Snug Harbor, 3 Peters, 99 ;) and the question in the case is, whether the plaintiffs, as such aliens, can make title to the premises in dispute. It is…
2Cases cited6 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- Harden v. FisherSupreme Court of the United States · 1816
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