Legal Opinion

The People v. . Clarke

New York Court of Appeals

Decided December 5, 1853PublishedCited by 11 opinions

Complaint under the Code, filed by L. S. Chatfield, attorney-general, on the 31st day of October, 1849. The relief sought was the repeal of certain letters patent, dated November 19, 1737, in the reign of George II., under the great seal of the province of New-York, tested in the name of and signed by George Clarke, lieutenant-governor, for twenty-five thousand four hundred acres of land in Albany county, southward of the Mohawk river and westward of Schoharie river, to…

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Complaint under the Code, filed by L. S. Chatfield, attorney-general, on the 31st day of October, 1849. The relief sought was the repeal of certain letters patent, dated November 19, 1737, in the reign of George II., under the great seal of the province of New-York, tested in the name of and signed by George Clarke, lieutenant-governor, for twenty-five thousand four hundred acres of land in Albany county, southward of the Mohawk river and westward of Schoharie river, to William Corry and twelve other persons, their heirs and assigns. This grant was subject to the payment of two shillings and…

1Opinion of the CourtDenio, J.

With a view of coming immediately to the question arising under the statutes of limitation, I shall avoid the discussion of several questions which have been elaborately argued at the bar, but which, in the view I have taken of the case, are not absolutely necessary to be determined in order to decide it. I shall not inquire, therefore, whether the several matters alleged in the complaint as fraudulent suggestions or concealments of material facts are in their nature sufficient to avoid a patent granted subject to quit-rents and conditions for the settlement of the land, nor whether the fact…

2Cases cited9 opinions

  1. United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
  2. In re the case of YatesNew York Supreme Court · 1809
  3. Jackson ex dem. Mancius v. LawtonNew York Supreme Court · 1813
  4. McCormick v. BarnumNew York Supreme Court · 1833
  5. People v. MauranNew York Supreme Court · 1848

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3Cited by11 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
  3. People ex rel. Love v. CenterCalifornia Supreme Court · 1885
  4. People ex rel. Love v. CenterCalifornia Supreme Court · 1885
  5. Wilhoit v. TubbsCalifornia Supreme Court · 1890

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