Jackson ex dem' Sherwood v. Phelps
New York Supreme Court
EJECTMENT for lands in Scifiio, in the County of Onondaga. Samuel Mitchel, the patentee from whom the lessor of the plaintiff derived title, was a soldier in the Ncio-York line, who died in October 1781, without issue, leaving a brother named Martin, and a sister called Mary.
Read the full summary
EJECTMENT for lands in Scifiio, in the County of Onondaga. Samuel Mitchel, the patentee from whom the lessor of the plaintiff derived title, was a soldier in the Ncio-York line, who died in October 1781, without issue, leaving a brother named Martin, and a sister called Mary. By the fifth section* of the statute.† “ to “ carry into effect the concurrent resolutions and acts of the legis- “ lature, for granting certain lands promised to he given as bounty “ lands, and for other purposes therein mentioned,” it was enacted “ that the letters patent, directed to be issued, shall issue in the “…
1Opinion of the Court
Per curiam., delivered by
Livingston, J.
In deciding this cause, it is unnecessary to enquire, whether the legislature, by its resolution of the 27th March 1783, intended to comprise within its bounty, as far as regarded the line of this state, persons not embraced by the act of congress of the 16th September 1776 ; of whether the commissioners of the land-office, in carrying its views into effect, have expounded them too liberally, by issuing letters patent to soldiers who were dead at .the time of its adoption, or whether, jf those who were the authorized agents of government, have erred in…
2Cited by9 opinions
- Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
- Rhoades v. DavisMichigan Supreme Court · 1883
- Jackson ex dem. Miller v. WinslowNew York Supreme Court · 1806
- Smith ex dem. Roosevelt v. Van DursenNew York Supreme Court · 1818
- Jackson ex dem. M'Cloughry v. SkeelsNew York Supreme Court · 1821
4 more not listed; retrieve them via the Exa API.