Jackson ex dem. Winthrop v. Waters
New York Supreme Court
THIS was an action of ejectment, for lands in Chazey, lying within the bounds of lot No. 70., in Dean’s patent. The plaintiff produced the letters patent to Elkanah Dean, and others, issued by the colonial government of the province of Nero-York, dated the 11th of July, 1769, and made put a regular title, under that patent, to lot No. 70. The possession of the defendant was admitted. ' The defendant produced a writing, dated the 28th of June, . ° . 7 1768, from Francis…
Read the full summary
THIS was an action of ejectment, for lands in Chazey, lying within the bounds of lot No. 70., in Dean’s patent. The plaintiff produced the letters patent to Elkanah Dean, and others, issued by the colonial government of the province of Nero-York, dated the 11th of July, 1769, and made put a regular title, under that patent, to lot No. 70. The possession of the defendant was admitted. ' The defendant produced a writing, dated the 28th of June, . ° . 7 1768, from Francis Mackay, who claimed under a grant from the French Canadian government to one La Gauchetierre, prior to the conquest of…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the cburt. The lessor of the plaintiff produced and proved a regular title for the premises in question, under a patent to Elkanah Dean, dated the 11th of July, 1769; and the only question in the case is.-, whether such an adverse possession was shown as to take away the right to recover, in this form of action. The origin of the adverse possession set up by the defendant, is that taken by La Framboise, in the year 1763, by permission of Mackay, who claimed under a grant made by the French government of Canada to La Gauchetierre, prior to the conquest…
2Cited by9 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Cutting v. BurnsAppellate Division of the Supreme Court of the State of New York · 1901
- Baker v. Lessee of SwanCourt of Appeals of Maryland · 1870
- Howard v. HowardNew York Supreme Court · 1854
4 more not listed; retrieve them via the Exa API.