Jackson ex dem. Williams & Washburn v. Miller
Court for the Trial of Impeachments and Correction of Errors
Error, from the supreme court. This was an action of ejectment, brought to recover lot No. 14, in a tract of land called Jessup’s Little Patent, claimed to have been forfeited by the attainder of Ebenezer Jessup and three others, by virtue of an act of attainder passed the 22d October, 1779, and to have been sold by the commissioner of forfeiture for the district in which the lot was situate to General John Williams, the ancestor of one of the lessors of the plaintiff.
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Error, from the supreme court. This was an action of ejectment, brought to recover lot No. 14, in a tract of land called Jessup’s Little Patent, claimed to have been forfeited by the attainder of Ebenezer Jessup and three others, by virtue of an act of attainder passed the 22d October, 1779, and to have been sold by the commissioner of forfeiture for the district in which the lot was situate to General John Williams, the ancestor of one of the lessors of the plaintiff. The cause was tried at the Warren circuit in July, 1823, before the Hon. R. Hyde Walworth, then one of the circuit judges. On…
1Opinion of the Court
The following opinion was delivered:
By the Chancellor.
Before I proceed to the examination of the question whether the lessors of the plaintiff showed any legal title to the premises under the act for the sale of forfeited estates, I will briefly notice the possessory rights of the parties as between themselves, on the supposition that the property belongs to neither. There can be no doubt from the testimony, that Hall went into possession of the lot several years before Williams attempted to assert any claim to it, professing to enter by virtue of a written authority from Miller, and…
2Cited by13 opinions
- Sands v. . HughesNew York Court of Appeals · 1873
- Gibney v. . MarchayNew York Court of Appeals · 1866
- Perkins v. HiltonMassachusetts Supreme Judicial Court · 1952
- Root v. DavisMontana Supreme Court · 1890
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
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