Wendell v. Wadsworth
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The respondent filed his bill, May 29, 1817, against the appellants, stating, among other things, that John Thomas was a soldier in the second JYew-York regiment of artillery, during the revolutionary war, and became entitled to a grant from the State of 600 acres of land, for his military services. That on the 9th of July, 1790, letters patent were, accordIngly, issued to him, for lot No, 11, in the township of Solon.
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APPEAL from the Court of Chancery. The respondent filed his bill, May 29, 1817, against the appellants, stating, among other things, that John Thomas was a soldier in the second JYew-York regiment of artillery, during the revolutionary war, and became entitled to a grant from the State of 600 acres of land, for his military services. That on the 9th of July, 1790, letters patent were, accordIngly, issued to him, for lot No, 11, in the township of Solon. That on the 5th of September, 1789, the said J. T., being so entitled to military bounty land, for a valuable ?, consideration, sold, quit…
1Opinion of the Court
Spencer, Ch. J»
It is perfectly clear, that although Thomas had not a patent until 1790, yet any deed of conveyance made by hjm subsequent to the 27th of March, 1783, would have been valid, under the act of the 6th of April, 1790, and would have conveyed all his subsequent interest. It is, also, well settled, and has not been drawn in question, that the paper writing from Thomas to Wadsworth, did not operate as a conveyance of the lot, for want of a seal. (12 Johns. Rep. 74.) It is equally certain, that as between Wadsworth and Thomas, and their heirs, the agreement being founded on a valuable…
2Cited by6 opinions
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- Powell v. HuntSupreme Court of Iowa · 1860
- Jackson ex dem. Woodruff v. CodyNew York Supreme Court · 1828
- Stinson v. GeerSupreme Court of Kansas · 1889
- Grandin v. HernandezNew York Supreme Court · 1883
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