Jackson ex dem. Miner v. Boneham
New York Supreme Court
THIS was an action of ejectment brought to recover part °f l°t No. 86, in the forriier township of Milton, now Geneva”> the county of Cayuga.
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THIS was an action of ejectment brought to recover part °f l°t No. 86, in the forriier township of Milton, now Geneva”> the county of Cayuga. The cause was tried before, Mr. J. Spencer, at the Cayuga circuit, in June, 1817. . The plaintiff produced in evidence an exemplification of “ * letters patent, dated the 13th of September, 1790, to Moses Minner, for lot No. 86, in the township of Milton, in Montgomery county, excepting 100 acres out of the south-east corner of the lot. Esther Miner was called as a witness on the part of the plaintiff, who testified, that she was the sister of Moses…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The premises in question are a part of lot No. 8$, in the old township of Milton, and are claimed by the lessors of the plaintiff under a patent to Moses Minner, bearing date the 13th of September, 1790. The principal question in the case is, as to the identity of the soldier. The patent is prima facie evidence of the service, as a soldier, of the person mentioned in the patent; and where there appears to have been two persons of the same, or nearly the same name, in titfe service, it is, sometimes, difficult to identify the patentee. But in…
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