Lee v. Glover
New York Supreme Court
On demurrer to the replication., The declaration was . x on a covenant of seisin in land. Plea, setting forth the defendant’s title, the first link in which was a patent from the people of this state, dated January 29th, 1791, to Lieut, Nicholas Kaghnatshou, an Indian, for his military services as such lieutenant during the revolutionary war, in fee, whereby (the plea averred) he became seised, &e.; and being so seised, November 3rd, 1791, conveyed by deed to one Yan Slyck,…
Read the full summary
On demurrer to the replication., The declaration was . x on a covenant of seisin in land. Plea, setting forth the defendant’s title, the first link in which was a patent from the people of this state, dated January 29th, 1791, to Lieut, Nicholas Kaghnatshou, an Indian, for his military services as such lieutenant during the revolutionary war, in fee, whereby (the plea averred) he became seised, &e.; and being so seised, November 3rd, 1791, conveyed by deed to one Yan Slyck, in fee, &c., deducing the defendant’s title through several mesne conveyances. Replication, that Kaghnatshou, at the…
1Opinion of the Court
* Curia, per Sutherland, J.
This case is distinguishable in only two particulars, from that of Goodell v. Jackson, (20 John. 188 and 693 :) 1. In that case it appeared that the Indian who made the grant, resided with the tribe of Oneida Indians; 2d. He expressed his dissent from the grant, by subsequently conveying to another. In this case neither of those facts exist; nor do, they appear to me to be material.
The opinion of Kent, 0., in Goodell v. Jackson, which was concurred in by the court of errors, decides, that by the constitution and statute law of this state, no white person can…
2Cases cited1 opinion
- Jackson ex dem. Smith v. GoodellNew York Supreme Court · 1822
3Cited by3 opinions
- St. Regis Tribe of Mohawk Indians v. StateAppellate Division of the Supreme Court of the State of New York · 1957
- Terrance v. CrowleyNew York Supreme Court · 1909
- Jackson ex dem. Smith v. GoodellCourt for the Trial of Impeachments and Correction of Errors · 1799