Jackson, ex dem. Cornelius v. M'Kee
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession of lot No. 36. in the township of Dryden, in the county of Cayuga.
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THIS was an action of ejectment, brought to recover the possession of lot No. 36. in the township of Dryden, in the county of Cayuga. The cause was tried at the Cay up a circuit, in June last, before Mr. T ustice Tates. ’ J J . The plaintiff gave m evidence a patent dated the 7th July, 1790, to John Cornelius, for the lot in question) a deed from Henry Hart, dated 17th January, 1784. The present suit was commenced the 5th September, 1808. No improvements were made on the lot prior to August. * *■ o / 1808* rail i C 1 . . - Ihe defendant gave in evidence an award of the Onondaga commissioners,…
1Opinion of the Court
■ Per Curiam.
The lessor of the plaintiff, Hart, ip whom the title resided, was an infant when the award *431was made, and he has brought his suit within three 0 . years after he came of age, but it does not appear that he has filed his dissent to the award. The act relative to the Onondaga titles required all persons against whom an award might be made, to enter their dissent within two years and bring their suit within three years, or they should be barred. But the statute saved the rights of infants, if within three years after coming of age, they et make their dissent and bring their suit and…
2Cited by1 opinion
- Crowder v. HopkinsNew York Court of Chancery · 1843