Kennedy v. Wood & Smith
New York Supreme Court
This was an action of ejectment, tried at the Monroe circuit in October, 1836, before the Hon. Addison Gardiner, then one of the circuit judges. The plaintiffs claimed to recover three undivided fifths of about 49 acres of land, as heirs at law of James Kennedy, who being an alien came to reside in this state in the year 1802. In 1810 he entered into a contract with Daniel Penfield for the • purchase of the premises in question, Penfield then being the owner of the same.
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This was an action of ejectment, tried at the Monroe circuit in October, 1836, before the Hon. Addison Gardiner, then one of the circuit judges. The plaintiffs claimed to recover three undivided fifths of about 49 acres of land, as heirs at law of James Kennedy, who being an alien came to reside in this state in the year 1802. In 1810 he entered into a contract with Daniel Penfield for the • purchase of the premises in question, Penfield then being the owner of the same. Penfield conveyed the premises subject to the contract to Henry Champion, who on receiving the purchase money, conveyed the…
1Opinion of the Court
By the Court, Co wen, J.
If James Kennedy took as an alien under the act of 1808, 3 R. S. 344, lst ed., in connection with the act of March 26, 1802, id. p. 343, § 1, and the act of 1808 has continued unrepealed, in respect to these plaintiffs it is not denied that they are entitled to recover.
It is contended that the contract of purchase raised an equitable estate descendible, in 1810, (before the naturalization,) to which the subsequent deed of 1824 related. That is denied ; but if the doctrine of relation might have availed, it is contended that the plaintiffs continuing aliens, they were…
2Cases cited1 opinion
- Lessee of Spratt v. SprattSupreme Court of the United States · 1828
3Cited by5 opinions
- Heney v. Trustees of Brooklyn Benevolent SocietyNew York Court of Appeals · 1868
- Lord v. UnderdunckNew York Court of Chancery · 1843
- In re GermaineAppellate Division of the Supreme Court of the State of New York · 1935
- Heeney v. Trustees of Brooklyn Benevolent SocietyNew York Supreme Court · 1861
- Lord v. UnderdunckNew York Court of Chancery · 1843