Jackson ex dem. Johnston v. Decker
New York Supreme Court
THIS was an action of ejectment, for lot no. 44. m the , , , „ township ot Junius, in the county of Seneca, tried at the Se~ neca circuit, the 26th May, 1814, before Mr. Justice Piatt.
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THIS was an action of ejectment, for lot no. 44. m the , , , „ township ot Junius, in the county of Seneca, tried at the Se~ neca circuit, the 26th May, 1814, before Mr. Justice Piatt. The declaration contained a demise from Justus B. Smith, oa Ist January, 1797, and several demises from other lessors, on the 1st January, 1812. There was also a joint demise from all the lessors on the same day. . . , . . , The lessors gave m evidence a patent, to John Declccr, for * the lot in quéstion, dated 13th September, 1790 ; and an exempbfication of a deed from Hendrick Decker to Peter B. Ten Brook,…
1Opinion of the CourtSpencer, J.
If appears, by the case, that the title to recover exists in those of the lessors who were alien enemies at the commencement of this suit, resident within the kingdom of Great Britain ; and the questions submitted to us are, whether, under the circumstances of this case, such alienage is a bar to the suit; and whether the objection can be taken under the general issue.
*422The plaintiffs’ counsel have urged that the act of the legislar ture, (sess. 21. c. 72.) and the 9th article of the treaty of amity, commerce, and navigation, concluded the 19th of November, 1794, between Great Britain and the…
2Cases cited1 opinion
- Bell v. ChapmanNew York Supreme Court · 1813
3Cited by4 opinions
- Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
- Heirn v. BridaultMississippi Supreme Court · 1859
- In re the Estate of KuntzschNew York Surrogate's Court · 1921
- Den ex dem. Hoover v. FranklinSupreme Court of New Jersey · 1820