Jackson ex dem. People v. Etz
New York Supreme Court
Ejectment for 450 acres of lot No. 77, Tully, (nowPre^e) Cortland county, tried at the Cortland circuit, Septemher, 1824, before Rochester, C. Judge.
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Ejectment for 450 acres of lot No. 77, Tully, (nowPre^e) Cortland county, tried at the Cortland circuit, Septemher, 1824, before Rochester, C. Judge. At the trial, the Attorney General produced a patent to one John Tool, for 500 acres in lot 77, in Tully, dated 13th September, 1790, which passed the secretary’s office, A.U§ust 29th, 1791. He then produced the office copy of the balloting book, which among the returns of dead of .the different regiments, was thus : “ John Tool, of the 4th re giment, Fowler’s company, died 26th March 1779.” The Attorney General then proceeded by various…
1Opinion of the Court
Curia, per Sutherland, J.
The right of the state to recover the premises in question, depends upon the fact, whether John Tool, the soldier to whom they were patented died without heirs capable of inheriting his estate.
If he left no heirs, it is immaterial whether he was a foreigner, or an American citizen. His land would escheat propter defectum sanguinis.
If he was an alien himself, and left only alien heirs, the question arises, whether this case, from the nature and circumstances of the grant, forms an exception to the genera, rule, that aliens are incapable of taking by descent.
Although…
2Cases cited2 opinions
- Bartlet v. DelpratMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Miner v. BonehamNew York Supreme Court · 1818
3Cited by26 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. HendricksSupreme Court of Kansas · 1884
- State v. BaldwinSupreme Court of Missouri · 1927
- Young v. StateOregon Supreme Court · 1900
- United States v. HolmesU.S. Circuit Court for the District of Maine · 1858
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