Legal Opinion

Jackson ex dem. Duncan v. Harder

New York Supreme Court

Decided May 15, 1809PublishedCited by 19 opinions

THIS was an action of ejectment for lands in the city of Hudson, The cause was tried at the columbia circuit, before Mr. Justice Van Ness, in October, 1807, At the trial, William Coventry, a witness for the plaintiff, testified, that he was 48 years of age, and lived upon the Salisbury patent; that his father came there in 1760; and John M’Comb was in possession of lands south of him.

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THIS was an action of ejectment for lands in the city of Hudson, The cause was tried at the columbia circuit, before Mr. Justice Van Ness, in October, 1807, At the trial, William Coventry, a witness for the plaintiff, testified, that he was 48 years of age, and lived upon the Salisbury patent; that his father came there in 1760; and John M’Comb was in possession of lands south of him. Wynant Mantle was the first possessor under M'-Comb, and was there 40 years ago, and remained in possession until after Duncan and Campbell, two of the lessors, came into possession, when he became their tenant.…

1Opinion of the Court

Kent, Ch. J.

now delivered the opinion of the court.

This case presents an intricate mass of facts and minute circumstances, which it becomes necessary to analyse and digest, with care and patience, before we can discover the just inferences which flow from them,

John M'Comb was in possession of a tract of land in Salisbury and Stytinghurst’s patent, adjoining the premises, as early as the year 1764. He continued in possession until the year 1770, when Duncan and Campbell purchased, at auction, of the then sheriff of Albany, the right of M'Comb in the patent, and which was stated in the…

2Cases cited1 opinion

  1. Jackson v. BradtNew York Supreme Court · 1804

3Cited by19 opinions

  1. Ronge v. DawsonWisconsin Supreme Court · 1859
  2. Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
  3. Winterfield v. StaussWisconsin Supreme Court · 1869
  4. Kennemore v. KennemoreSupreme Court of South Carolina · 1887
  5. Donald v. McKinnonSupreme Court of Florida · 1880

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