McKineron v. Bliss
New York Supreme Court
ACTION of ejectment for about 60 acres of land in Herkimer county, part of lots 9 and 11 in Susannah Johnson’s 3000 acre tract in the 4th allotment of the royal grant, in the town of Salisbury, Herkimer county. The tract known as the “royal grant” embraces a portion of the town of Herkimer, and the principal portion of Fairfield and Newport, parts of Eussia and Manheim, and all the settled part of Salisbury.
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ACTION of ejectment for about 60 acres of land in Herkimer county, part of lots 9 and 11 in Susannah Johnson’s 3000 acre tract in the 4th allotment of the royal grant, in the town of Salisbury, Herkimer county. The tract known as the “royal grant” embraces a portion of the town of Herkimer, and the principal portion of Fairfield and Newport, parts of Eussia and Manheim, and all the settled part of Salisbury. The plaintiffs gave in evidence the will of Sir William Johnson, (the grantee,) by which 3000 acres of the royal grant were demised to Susannah, and they deduced title to the premises in…
1Opinion of the Court
By the Court, W. F. Allen; J.
Hearsay or reputation is never evidence, except in particular cases, and when from the nature of things no better or higher evidence can be obtained. (Gould v. Smith, 35 Maine Rep. 513.) But in this case the plaintiffs had not exhausted the sources of other and better evidence. Had possession accompanied the devise of Sir William Johnson, it would have been different, and the court might have been authorized to presume a grant from the crown. The plaintiffs count and found their claim of title upon the prerogative of the king as the universal occupant of all…
2Cases cited1 opinion
- Gould v. SmithSupreme Judicial Court of Maine · 1853
3Cited by4 opinions
- Ney v. MummeTexas Supreme Court · 1886
- De Camp v. DobbinsNew Jersey Court of Chancery · 1878
- Goldman v. KennedyNew York Supreme Court · 1888
- Hooper v. City of New YorkNew York Supreme Court · 1916