People v. Brown
New York Supreme Court
THIS was an information filed at the direction of the legislature, by the late attorney-general, against the defondants, for an intrusion on certain lands lying in the ’ J a county of Otsego. ■ . „ I he defendants claimed under letters patent, ot the 6th • September,-1770, for 9200 acres, granted by his Majesty, George the third, of Great Britain, France .and Ireland, King, &c. at a quit rent of two shillings and six pence sterling, for every hundred acres.
Read the full summary
THIS was an information filed at the direction of the legislature, by the late attorney-general, against the defondants, for an intrusion on certain lands lying in the ’ J a county of Otsego. ■ . „ I he defendants claimed under letters patent, ot the 6th • September,-1770, for 9200 acres, granted by his Majesty, George the third, of Great Britain, France .and Ireland, King, &c. at a quit rent of two shillings and six pence sterling, for every hundred acres. After the usual reserNations of mines and white pine trees, for masts, the grant contained the following proviso. Provided, further, “…
1Opinion of the Court
*418On these facts it was submitted to the court, whether the defendants were or were not guilty of the intrusion. complained of.
Spencer, Attorney-General.
It is admitted that' there was no doequet entered in the auditor’s office, according to the proviso in the letters patent. The information is grounded on this principle ; that the forms required by the grant, created a condition, proviso, on limitation, which was to make it void, on the not doing- a certain act by the patentees, if, therefore, this act has not been performed, the instrument is a nullity, and the people have a right to consider…
2Cases cited2 opinions
- United States v. RothDistrict Court, D. Alaska · 1904
- Martin v. BlodgetSupreme Court of Vermont · 1826
3Cited by2 opinions
- The Heirs, Etc., of J.J. Williamson v. R. BuchannanTennessee Supreme Court · 1814
- Williams' Heirs v. BuchanonTennessee Supreme Court · 1929