Jackson ex dem. McCloughry v. Lyon
New York Supreme Court
Ejectment for part of lot No. 10, (Milton,) now Genoa, Cayuga county, commenced in January, 1822, and tried before Platt, (late) J. at the Cayuga circuit, June 1st, 1822, when a verdict was found for the plaintiff, subject to f0p0wjng cas6; with permission for either party to turn ft into a special verdict; It was admitted, on the trial, that letters patent were, on the 13th day of September, 1790, issued, and passed the secretary’s office the 19th of September 1791, to John…
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Ejectment for part of lot No. 10, (Milton,) now Genoa, Cayuga county, commenced in January, 1822, and tried before Platt, (late) J. at the Cayuga circuit, June 1st, 1822, when a verdict was found for the plaintiff, subject to f0p0wjng cas6; with permission for either party to turn ft into a special verdict; It was admitted, on the trial, that letters patent were, on the 13th day of September, 1790, issued, and passed the secretary’s office the 19th of September 1791, to John McCloughry for the lot No. 10, of ° J which the premises in question are a part; that the patentee was born in Ireland,…
1Opinion of the Court
Curia, per Sutherland, J.
In Jackson, ex. dem. *698McCloughry and others, v. Skeels, (19 John. 198,) which was a case upon this same title, it was decided, 1. That nothing passed by the patent to John McCloughry, the soldier, granted the 13th of September, 1790, for the lot in question; he having died in Í781, and the act of.April 6th, 1790, relative to military bounty lands, not authorising a grant to a soldier who was not alive in March, 1783: 2. That the act of April 3d, 1807j (5 W. Laws N. Y. 124,) vests the lands patented to John McCloughry, in his heirs though aliens, in the same manner as…
2Cases cited8 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- People v. CuttingNew York Supreme Court · 1808
- Jackson ex dem' Sherwood v. PhelpsNew York Supreme Court · 1805
- Jackson ex dem. Elmendorf v. JacksonNew York Supreme Court · 1810
- Jackson ex dem. Folliard v. WrightNew York Supreme Court · 1809
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