Legal Opinion

Jackson ex dem. Elmendorf v. Jackson

New York Supreme Court

Decided November 15, 1810PublishedCited by 8 opinions

THIS was an action of ejectment, for land in the Hardenbergh patent, in the county of Ulster. . , , denbergh f J Palts> re_ ceaSed, Cj 1 ’ Qn the among tl . 111 que j SOU 1.6 A patent was issued the 23d April, 1708, to Jqhannis Har denbergh and others.

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THIS was an action of ejectment, for land in the Hardenbergh patent, in the county of Ulster. . , , denbergh f J Palts> re_ ceaSed, Cj 1 ’ Qn the among tl . 111 que j SOU 1.6 A patent was issued the 23d April, 1708, to Jqhannis Har denbergh and others. Leonard Lezvis, one of -the patentees, died seised of one equal and undivided r * eighth part of the lands patented, in 1720, having by his will, dated the 27th February, 1723, devised the-premises to his wife, for life, with remainder in fee to his eleven children named in the will. The eldest son was named Thomas, and another was named…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the courts. The lessors of the plaintiff claim title under Thomas Lewis, on the ground that the inheritable .blood in the line of lineal descent of Leonard Lewis, a younger brother of Thomas, and who died seised of the premises, failed, because his granddaughter was an alien. Leonard Lewis the younger was seised of the premises in 1749, and before he went to the West Indies. He married a Danish subject in the island of St. Thomas, and died there, leaving no issue but two daughters, one-of whom died without issue, and the survivor who was born in St.…

2Cited by8 opinions

  1. Wunderle v. WunderleIllinois Supreme Court · 1893
  2. New York Life Insurance v. AitkinNew York Court of Appeals · 1891
  3. Barney v. MillerSupreme Court of Iowa · 1865
  4. McLean v. . SwantonNew York Court of Appeals · 1856
  5. McLaughlin v. ShieldsSupreme Court of Pennsylvania · 1849

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