Brown, Russell & Russell v. Sprague
New York Supreme Court
Ejectment for lots 3 and 15 in Legge’s patent, Essex county. The cause was tried at the Essex circuit, in June, 1845, before the Hon. John Willard, circuit judge. In 1769, letters patent were issued granting to Francis Legge, a captain in the British army, 5000 acres of land, known as Legge’s Patent. He died near Albany in 1788 or 1789, intestate, and leaving a nephew, John Legge, and a niece, Catharine Legge, his only heirs.
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Ejectment for lots 3 and 15 in Legge’s patent, Essex county. The cause was tried at the Essex circuit, in June, 1845, before the Hon. John Willard, circuit judge. In 1769, letters patent were issued granting to Francis Legge, a captain in the British army, 5000 acres of land, known as Legge’s Patent. He died near Albany in 1788 or 1789, intestate, and leaving a nephew, John Legge, and a niece, Catharine Legge, his only heirs. They resided in Ireland, and, as well as the patentee, were British subjects. In 1820, John and Catharine Legge conveyed the whole patent to the plaintiff Br9wn in fee.…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
The patentee, Francis Legge, acquired title to the land in suit in 1769, and retained it until his death in 1788 or 89. He was never a citizen of this state, but remained a subject of the British crown to the close of his life. It is not necessary to inquire whether the people of this state could have divested his title on the ground of alien-age, (Jackson v. Lunn, 3 John. Cas. 109 ; Blight’s Lessee v. Rochester, 7 Wheat. 535,) for no such attempt was ever made ; and the objection, if at any time available against him, was obviated by the sixth article of the…
2Cases cited3 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Jackson ex dem. Brown v. AyersNew York Supreme Court · 1817
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- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Crane v. ReederMichigan Supreme Court · 1870
- Vernam v. . SmithNew York Court of Appeals · 1857
- Mcnamee v. MorelandSupreme Court of Iowa · 1868
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