Jackson ex dem. Folliard v. Wright
New York Supreme Court
THIS was an action of ejectment, for an undivided moiety of Lot no. 12. in the town of Hector. The cause was tried at the Seneca Circuit, before Mr. Justice Spencer, the 27th June, 1808; when a verdict was taken for the J . plaintiff, subject to the opinion of the court, on the following case.
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THIS was an action of ejectment, for an undivided moiety of Lot no. 12. in the town of Hector. The cause was tried at the Seneca Circuit, before Mr. Justice Spencer, the 27th June, 1808; when a verdict was taken for the J . plaintiff, subject to the opinion of the court, on the following case. The plaintiff produced in evidence, an award of two of the Onondaga commissioners, awarding an undivided moiety of the lot to Wallace, on the 12th April, 1800, which was duly entered in a book, filed in the clerk’s office, v . , and to which award no dissent was entered. The defendant was admitted to be…
1Opinion of the CourtVan Ness, J.
The lessors of the plaintiff having, in the first instance, made out a sufficient title to a moiety of the premises in question, by the award of the Onondaga commissioners, we are to inquire, how far the defence relied upon has been supported. This defence is, that a subsisting title has been shown in Lydia Henry, which it is supposed she acquired by virtue of the act of the 3d April, 1804.
The legislature, probably, passed that act upon a suggestion, that the lot in question had escheated to the state, on the ground that Thomas Nelson, who had purchased it from Folliard, left none but alien…
2Cited by8 opinions
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- Doe v. RoeSuperior Court of Delaware · 1903
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