Fisher v. Fields
Court for the Trial of Impeachments and Correction of Errors
THIS cause came before the court, on an appeal from a decree of the court of chancery. The appellants filed their bill in the court below, which stated, that letters patent were granted to Benjamin Griffen, a soldier in the second New- York re~irnent. in the revohtionarv war, f~r lot No. 51. in the township of Aurelius.
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THIS cause came before the court, on an appeal from a decree of the court of chancery. The appellants filed their bill in the court below, which stated, that letters patent were granted to Benjamin Griffen, a soldier in the second New- York re~irnent. in the revohtionarv war, f~r lot No. 51. in the township of Aurelius. On the 24th of March 1784, Griffin, for a valuable consideration, sold his right to lands for military services, to John Birch, and made an assignment (hereof 0n the back of the discharge given to him by the commander in chief. On the 1st of February, 1792, Birch sold and…
1Opinion of the Court
Kent, Ch. J.
The appellants claim title to lot No. 57. in Aurelius, under a deed from Benjamin Griffen, the soldier who drew the lot, and in whose name the patent issued. This deed was made on the 27th of March, 1784, and was drawn on the back of the original discharge, and though no consideration was expressed in the deed, yet the appellants have averred and proved a valuable consideration given. The respondent claims under a subsequent conveyance from the same soldier; and the sole question is, whether the appellants are entitled, under the first deed, to the relief prayed for by their bill.
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2Cited by23 opinions
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