Legal Opinion

Jackson ex dem. Dickson v. Stanley

New York Supreme Court

Decided May 15, 1813PublishedCited by 7 opinions

THIS was an action of ejectment brought to recover lot No. 90. in the 25th township in the military tract now in the town of Cincinnatus, and was tried at the Courtlandt circuit, the 11th of Scpiember, 1812, before Mr. Justice Pan Ness.

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THIS was an action of ejectment brought to recover lot No. 90. in the 25th township in the military tract now in the town of Cincinnatus, and was tried at the Courtlandt circuit, the 11th of Scpiember, 1812, before Mr. Justice Pan Ness. The lessors of the plaintiff were the heirs at law of Daniel Hungerford, and to support their title produced a patent from the people of the state to David Hungerford, a soldier, for the premises in question, which patent passed the secretary’s office v in 1191. The lessors also gave in evidence an act of the legislature, passed April 10,1805, entitled “An act…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the court. The patent which issued in the name of David Hungerford was undoubtedly intended for the soldier, by the name of Hungerford, (then dead,) who belonged to M‘Kean,s company, in the first Nerv-York regiment. This intention is manifest from the balloting-bodk in the secretary’s office, and from the premises, being a military lot and part of the lands set apart by law for the two regiments belonging to this state, and from the further fact that by the provision in the act of the 6th of April, 1790, the lots were to be balloted for, and the patents to…

2Cited by7 opinions

  1. People v. MauranNew York Supreme Court · 1848
  2. Andrews v. DyerSupreme Judicial Court of Maine · 1888
  3. Pinckney v. HagadornThe Superior Court of New York City · 1852
  4. Williams v. CarpenterSupreme Court of Missouri · 1859
  5. Bignall v. HarveyU.S. Circuit Court for the District of Northern New York · 1880

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