Jackson ex dem. Houseman v. Hart
New York Supreme Court
This was an action oS ejectment, for lot - number 26, in the township of Camillas, in the cógnty of Onondaga. The cause was tried before Mr. Justice Platt, at the Onondaga circuit, in June, 1814. The plaintiff gave in evidence letters-patent for the lot in question, dated the 13th September, 1790, to George Houseman, one of the lessors. . - . The defendant offered in evidence an extract from the “ Balloting Book” ¡filed by the commissioners of the land-office, in the office…
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This was an action oS ejectment, for lot - number 26, in the township of Camillas, in the cógnty of Onondaga. The cause was tried before Mr. Justice Platt, at the Onondaga circuit, in June, 1814. The plaintiff gave in evidence letters-patent for the lot in question, dated the 13th September, 1790, to George Houseman, one of the lessors. . - . The defendant offered in evidence an extract from the “ Balloting Book” ¡filed by the commissioners of the land-office, in the office of the secretary of state, concerning military bounty lands, in the county of Onondaga, in these words: “ The dead of…
1Opinion of the CourtPlatt, J.
It is a first principle in the law of tenures that the state is the only original source of titles; and that the state possesses a sovereign right to grant lands to whom it pleases; with or without consideration.
These grants may be made either by statute, or by patent, under the great seal, or by any public functionary, designated by law for that purpose.
In this case, the public agents who were entrusted with the great seal for that purpose, have made a grant, of record, in the most solemn form, to George Houseman, a real person, capable of accepting the grant.
On the part of the defendant, it…
2Cited by13 opinions
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- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- The People v. . Van RensselaerNew York Court of Appeals · 1853
- Miner v. DownerSupreme Court of Vermont · 1846
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