Wendell v. Jackson ex dem. People
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of ejectment brought by the attorney-general in the name of the people, to recover 21 acres ofland in the county of Warren. The proof of title on the part of the-plaintiffs was, that 30 years before the trial the premises were vacant and unoccupied lands; that 2 years afterwards, one Ruel went into possession of the land under a pretended contract and made a clearing to whose possession the defendant succeeded.
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Error from the supreme court. This was an action of ejectment brought by the attorney-general in the name of the people, to recover 21 acres ofland in the county of Warren. The proof of title on the part of the-plaintiffs was, that 30 years before the trial the premises were vacant and unoccupied lands; that 2 years afterwards, one Ruel went into possession of the land under a pretended contract and made a clearing to whose possession the defendant succeeded. The defendant claimed that the premises were included either in a tract called Road patent No. 2, or in another tract called the…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The people of this state, upon the declaration of independence, succeeded to all the rights of the crown, and they are the owners of all the lands within the limits of the state, except such as have been granted to others, or where their title has been lost by adverse possession. Where lands have never been granted by them, they are presumed to be the owners until the contrary appears; and in such cases, they can give no other evidence of their title than that produced on this trial. The attorney-general proved that the premises in…
2Cases cited1 opinion
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1809
3Cited by55 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Masten v. . OlcottNew York Court of Appeals · 1886
- Robinson v. . KimeNew York Court of Appeals · 1877
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