Legal Opinion

Jackson ex dem. Miller v. Winslow

New York Supreme Court

Decided November 15, 1806PublishedCited by 8 opinions

This was an action of ejectment, to recover part of lot No. 57, in the town of Scipio, in the county of Cayuga. The cause was tried at the Cayuga circuit, before Mr. Justice Livingston, on the 9th of June, 1806. The plaintiff produced, and read in evidence an exemplification of the letters patent, for the land in question, dated the 13th of September, 1798, to David Miller, who was a soldier, serving in the New-York line of the American army, during the war with Great…

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This was an action of ejectment, to recover part of lot No. 57, in the town of Scipio, in the county of Cayuga. The cause was tried at the Cayuga circuit, before Mr. Justice Livingston, on the 9th of June, 1806. The plaintiff produced, and read in evidence an exemplification of the letters patent, for the land in question, dated the 13th of September, 1798, to David Miller, who was a soldier, serving in the New-York line of the American army, during the war with Great Britain, and died in 1778. Peter Miller, one of the lessors of the plaintiff, was the eldest brother of David Miller. The…

1Opinion of the CourtSpencer, J.

David Miller, the original grantee of the lands in question, was a soldier, serving in the line of this state, in the army of the United States, in the late war with Great Britain, and died previous to the 27tli of March, 1783; and by the 1st section of the act of the 5th oí April, 1803 * the title vested in him at the time ofhis death. His father, Philip Miller,who died since the passing of-that act, wouldtake as his heir,† unless there was some person holding as a bona fide purchaser, under his eldest brother, Peter Miller.‡ If such be not the case,then, as it appears that'f here are seven…

2Cases cited1 opinion

  1. Jackson ex dem' Sherwood v. PhelpsNew York Supreme Court · 1805

3Cited by8 opinions

  1. State v. SchneiderMissouri Court of Appeals · 1892
  2. People v. Van RensselaerNew York Supreme Court · 1850
  3. State v. Paxson & CannonSupreme Court of Georgia · 1904
  4. People v. LivingstonNew York Supreme Court · 1850
  5. People v. LivingstonNew York Supreme Court · 1850

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