Jackson, ex rel. Garnsey v. Livingston
New York Supreme Court
This was an action of ejectment, tried at the Chenango circuit in December, 1828,. before the Hon. Samuel Nelson; then one of the circuit judges.
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This was an action of ejectment, tried at the Chenango circuit in December, 1828,. before the Hon. Samuel Nelson; then one of the circuit judges. The plaintiff claimed to recover a certain lot known as No. 6, in a tract of 15,360 acres of land granted to Malachi Treat and William W. Morris, by letters patent, bearing date the 13th August, 1787, under a deed of the patentees, by Charles Felix Rue De Boulogna, their attorney, to Marie Jeane Dohet, widow of Herbet ILAutremont, and Antoine Bartholemy Louis Le Fevre and Marie Genevieve Dohet, his wife, bearing date .the 12th September, 1792,…
1Opinion of the Court
*139 Eg the Court,
Savage, Ch. J.
The principal question in this case is, whether the power of attorney from Treat and Morris to Boulogne was sufficiently proved. It was not produced, nor was any witness introduced who had ever seen it; but its existence, contents and destruction were shewn by the admissions of Morris, under whom the defendant claims. Hartshorne and Brush, two of the witnesses, were interested in the patent, having married neices of Treat, one of the patentees ; to both of them Morris admitted that a power of attorney had been given to Boulogne; to Hartshorne he admitted that a…
2Cited by18 opinions
- Lawrence v. BallouCalifornia Supreme Court · 1869
- Schenk v. EvoyCalifornia Supreme Court · 1864
- Cullen v. SpriggCalifornia Supreme Court · 1890
- Smith v. CrawfordIllinois Supreme Court · 1876
- Gratz v. Land & River Imp. Co.Court of Appeals for the Seventh Circuit · 1897
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