Jackson ex dem. M'Donald v. M'Call
New York Supreme Court
THIS was an action of ejectment, brought to recover part of ■200 acres of land in Hebron, in the county of Washington. The cause was tried before Mr. Justice Yates, at the Washington cirCtiit, in June, 1812. The plaintiff gave in evidence an exemplification of an act of the legislature, entitled “ An act for the relief of Daniel M‘Bonald,” passed the 17th February, 1810, by which “all the right, title and interest of the people of the state, in and to a certain lot of land…
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THIS was an action of ejectment, brought to recover part of ■200 acres of land in Hebron, in the county of Washington. The cause was tried before Mr. Justice Yates, at the Washington cirCtiit, in June, 1812. The plaintiff gave in evidence an exemplification of an act of the legislature, entitled “ An act for the relief of Daniel M‘Bonald,” passed the 17th February, 1810, by which “all the right, title and interest of the people of the state, in and to a certain lot of land heretofore allotted by the council of the late province, now state, of New-York, to one John Provoost, situate in the…
1Per curiam
The presumption is, that John 31‘Donald waa, in possession of the Provoost lot when he made the confessions which were given in evidence on the part of the defendant. He was in possession 18 years before the trial, occupying and claiming the lot as his own. How much earlier he took possession does not appear; and as nothing to the contrary appears, the jury would have been warranted to presume that he was in possession under a claim of title as early as 1776, when he admitted that "he had been present with the surveyor who run out the line between that and the adjoining lot. His confessions…
2Cited by26 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Burbank v. . FayNew York Court of Appeals · 1875
- Reed v. . FarrNew York Court of Appeals · 1866
- Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.New York Court of Appeals · 1889
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
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