Jackson ex dem. Mancius v. Lawton
New York Supreme Court
THIS was an action of ejectment, for part of lot No. 128. in the Cayuga reservation. The cause was tried at the Cayuga circuit, in June, 1812, before Mr. Justice Spencer.
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THIS was an action of ejectment, for part of lot No. 128. in the Cayuga reservation. The cause was tried at the Cayuga circuit, in June, 1812, before Mr. Justice Spencer. A verdict was taken for the plaintiff, subject to the opinion of the court, on the follow- « _ BBg ca.e: The plaintiff gave in evidence letters patent, dated the 28th °f October, 1811, and recorded the 4th of February, 1812, in the clerk’s office at Cayuga, to Mancius, the lessor, for lot No. 128. m the east side of Cayuga lake, including the premises in question. The defendant offered to give in evidence a patent to Stephen…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The patent granted to the lessor of the plaintiff, being the elder patent, is the highest evidence of title. As long as it remains in force, it is conclusive as against a junior patent for the same lands. If the lands passed by the first patent, the second patent is without any operation, and void. It has been the uniform practice, in our courts, in all questions of title, to look to the elder patent, and to give it effect. Nor can the court take notice of any equitable claim upon the general government, which a third person might have had in,…
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