Legal Opinion

People v. Van Rensselaer

New York Supreme Court

Decided March 4, 1850PublishedCited by 10 opinions

These causes were argued on demurrers to the answers. Both suits were brought by the attorney general of the state; the first, for land in the town of Guilderland in the county of Albany, particularly described in the complaint, and said to contain over 134 acres; and the other, for another parcel lying in the town of Poestenkill in the county of Rensselaer, also particularly described in the complaint, and said to contain 150 acres.

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These causes were argued on demurrers to the answers. Both suits were brought by the attorney general of the state; the first, for land in the town of Guilderland in the county of Albany, particularly described in the complaint, and said to contain over 134 acres; and the other, for another parcel lying in the town of Poestenkill in the county of Rensselaer, also particularly described in the complaint, and said to contain 150 acres. The complaint alledged that plaintiffs had in themselves good title, and were the true owners in fee simple, and were entitled to the immediate possession and…

1Opinion of the CourtHand, J.

I shall consider these cases together; for although the pleas are not alike in all respects, one presents all the questions arising on the other, and the difference I shall notice in the proper place. .

It was admitted and cannot be denied, that the people of this state are the owners of all the lands within its limits that have not been granted to others. (Const. art. 1, § 11. 1 R. S. 718, § 1. Plow. 98. 2 Bl. 51, 3, 9, 60. 2 Kent, 320. 3 Id. 377, 487. Wendell v. People, 8 Wend. 188. People v. Denison, 17 Id. 312. Jackson v. Ingraham, 4 John. 163. Jackson v. Waters, 12 Id. 365. Co. Lit. 1.…

2Cases cited15 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. The West River Bridge Company v. DIXSupreme Court of the United States · 1848
  3. United States v. MillsSupreme Court of the United States · 1833
  4. Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  5. Buel v. BoughtonNew York Supreme Court · 1846

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3Cited by10 opinions

  1. Green v. IrvingMississippi Supreme Court · 1877
  2. In re the Estate of EgerNew York Surrogate's Court · 1931
  3. People v. HayesNew York Supreme Court · 1852
  4. Schneider v. HutchinsonOregon Supreme Court · 1899
  5. Fairchild v. Gray, New York County Courts1930

5 more not listed; retrieve them via the Exa API.

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