Jackson ex dem. Gillet v. Hill
New York Supreme Court
This was an action of ejectment, tried at the Seneca circuit in June, 1828, before the Hon. Enos T. Tiiroop, then one of the circuit judges. The plaintiff claimed to recover part of lot No. 93, Junius, under a conveyance to Gillet, bearing date 29lh May, 1809, executed by William Sagaharre, identified as the son and only child of Lieut. John Sagaharre, an Indian, to whom the lot was granted for military services during the revolutionary war.
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This was an action of ejectment, tried at the Seneca circuit in June, 1828, before the Hon. Enos T. Tiiroop, then one of the circuit judges. The plaintiff claimed to recover part of lot No. 93, Junius, under a conveyance to Gillet, bearing date 29lh May, 1809, executed by William Sagaharre, identified as the son and only child of Lieut. John Sagaharre, an Indian, to whom the lot was granted for military services during the revolutionary war. By an act passed in 1809, 2 R. L. 175, the heirs of Indians to whom lands were granted for military services are rendered capable of taking and holding…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to think the deed to Gillet was good from the time when the approbation of the surveyor general was endorsed. It then became a deed executed with his approbation. A deed takes effect from its delivery. The time when it is actually signed by the grant- or is not material. In the absence of all evidence to the contrary, it will be presumed to have been executed and delivered when it bears date. Though it had been delivered without the certificate of the surveyor general, and consequently without passing any title to the grantee, still it was a *534deed well…
2Cited by12 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Robinson v. . WheelerNew York Court of Appeals · 1862
- Munro v. MerchantNew York Supreme Court · 1858
- Miller v. PlattThe Superior Court of New York City · 1856
- Gladney v. BartonMississippi Supreme Court · 1875
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