Jackson ex dem. M'Cloughry v. Skeels
New York Supreme Court
THIS was an action of ejectment, brought to recover part of lot No. 10, in the town of Genoa, in the county of Cayuga, tried at the Cayuga circuit, in June, 1820, before Just¡ce Van Ness.
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THIS was an action of ejectment, brought to recover part of lot No. 10, in the town of Genoa, in the county of Cayuga, tried at the Cayuga circuit, in June, 1820, before Just¡ce Van Ness. The plaintiff gave in evidence, a r o 3 patent for lot No. 10, in Milton, now Genoa, and lot No. 16, in Locke, granted to John M'Cloughru, late a lieutenant . . 7 - . . . in the revolutionary army, and his heirs and assigns forever, dated the 13th of September, 1790, and passed the secretary’s office, the 19th of December, 1791 ; and a special act of the legislature, passed the 3d of April, 1807, entitled,…
1Opinion of the CourtWoodworth, J.
The act of the 6th of April, 1790, gave to letters patent for the military bounty lands, an operation from the 27th of March, 1783, so as to be deemed to have vested a title in the grantees from that time 5 but' this act was not considered as authorizing grants, when the person to be designated as the grantee was not alive in March, 1783. (Jackson, ex dem. Sherwood, v. Phelps, 3 Caines, 68.) The consequence is, that nothing passed by the grant to John M'Cloughry; the *204title to the lot remained vested in the state. The act of the 3d of April, 1797, (sess. 30. ch. 78.) authorized Gilbert…
2Cases cited1 opinion
- Jackson ex dem' Sherwood v. PhelpsNew York Supreme Court · 1805
3Cited by1 opinion
- Jackson ex dem. McCloughry v. LyonNew York Supreme Court · 1824