Jackson ex dem. M'Crackin v. Wright
New York Supreme Court
THIS was an action of eiectment, brought to recover 200 acres J 7 o of land, on the west side of lot No. 60, in the town of Sterling, The cause was tried before Mr. Justice Yates, at the Cayuga tfMrnnif in Ifilft 111 ldib, , Peter Boise, by deed poll, dated the 5th of July, 1794, and which was recorded on the 12th of June, 1807, wherein he described as late private in the first New-York regiment, in consideración of forty pounds, granted, bargained, sold, and quit-claimed to…
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THIS was an action of eiectment, brought to recover 200 acres J 7 o of land, on the west side of lot No. 60, in the town of Sterling, The cause was tried before Mr. Justice Yates, at the Cayuga tfMrnnif in Ifilft 111 ldib, , Peter Boise, by deed poll, dated the 5th of July, 1794, and which was recorded on the 12th of June, 1807, wherein he described as late private in the first New-York regiment, in consideración of forty pounds, granted, bargained, sold, and quit-claimed to the lessor of the plaintiff, in fee, “ all that military * * or parcel of land, granted to him as bounty lands, for his…
1Opinion of the CourtSpencer, J.
The decision of the judge at the circuit, was correct, on two grounds :
1. The grant, under the private act of the 2d of April, 1806, to Peter Boise, of 200 acres of land, part of lot 60, in Sterling, cannot, in any point of view, be considered as lands coming within the description and intention of the parties, as manifested by the deed from Boise to the lessor of the plaintiff. The deed grants the military right, or parcel of land granted as bounty lands for services during the revolutionary war, and is dated in July, 1794. The lands in question were not granted as bounty land; 1st. Because…
2Cited by26 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Clark v. BakerCalifornia Supreme Court · 1860
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
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