McGregor v. . Comstock
New York Court of Appeals
Appeal from the supreme court, where the action was ejectment for land situated in the city, of New-York. The plaintiffs claimed to recover as heirs of their cousin John McGregor jun. who died prior to 1830, seised of the premises, and the question was whether the descent to them was impeded by the alienage of the common grandfather through whom the pedigree was traced. The plaintiffs were nonsuited on the trial, and after judgment they appealed to this court.
1Opinion of the CourtPratt, J.
John McGregor, senior, a native of Scotland, came to the city of New-York some time previous to the year 1792, and was naturalized there in that year. In 1795, he purchased the premises in question in this suit, and died in 1802, leaving a son, his sole heir at law, born in 1800. John jun. the son, was sent to England in 1807. He left there for the East Indies in 1818; since which time he has not been heard of. He was never married, and it is claimed that he should be deemed to have died in 1825..
William McGregor, a brother of John, senior, came from Scotland, and resided in Saratoga county,…
2Cases cited4 opinions
- Lessee of Levy v. McCarteeSupreme Court of the United States · 1832
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- People v. IrvinNew York Supreme Court · 1839
- Jackson ex dem. Simmons v. SimmonsCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by9 opinions
- Luhrs v. . EimerNew York Court of Appeals · 1880
- Wheeler v. . ClutterbuckNew York Court of Appeals · 1873
- Beavan v. WentIllinois Supreme Court · 1895
- Cramer v. McCannSupreme Court of Kansas · 1911
- In re the Estate of SamsonNew York Surrogate's Court · 1931
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