Jackson, ex rel. Hoogland v. Vail
New York Supreme Court
This was an action of ejectment tried at the Onondaga circuit, in September, 1829, before the Hon. Daniel Moseley, one of the circuit judges. The lessors of the plaintiff are the heirs at law of Captain Je ronimus Hoogland, of the cavalry of the army of the United States, during the revolutionary war.
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This was an action of ejectment tried at the Onondaga circuit, in September, 1829, before the Hon. Daniel Moseley, one of the circuit judges. The lessors of the plaintiff are the heirs at law of Captain Je ronimus Hoogland, of the cavalry of the army of the United States, during the revolutionary war. On the trial of the cause they produced letters patent for lot No. 18, Marcellus, of which the premises in question are a part, bearing date the 8th of August, 1820. This grant was made in pursuance of an act of the legislature, Session Laws of 1820, page 158, which directed the issuing of the…
1Opinion of the Court
By the Court.
The legal title to lot No. 18, Marcellus, was in the people previous to the 8th day of April, 1820. As no adverse possession could be set up against their right at that time, and as it could not have constituted a bar to the right of the people, if the title had continued in them down to the day of trial, and they had been the lessors of the plaintiff it is difficult to conceive how it can be strictly interposed as a defence to this action. The letters patent have relation back to 1790, for the benefit of the heirs of Captain Hoogland, and of bona fide purchasers of his or their…
2Cited by9 opinions
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- Doe ex dem. Kennedy's Executors v. Townsley's HeirsSupreme Court of Alabama · 1849
- Keator v. DimmickNew York Supreme Court · 1865
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