Jackson ex dem. Fowler v. Loomis
New York Supreme Court
This was an action of ejectment, commenced in August term, 1829, tried at the Oswego circuit in June, 1831, before the Hon. Nathan Williams, then one of the circuit judges. The premises claimed were lot No 57, Hannibal, alleged to have been granted to James Fowler, the lessor of the plaintiff for his services as a soldier during the revolutionary war.
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This was an action of ejectment, commenced in August term, 1829, tried at the Oswego circuit in June, 1831, before the Hon. Nathan Williams, then one of the circuit judges. The premises claimed were lot No 57, Hannibal, alleged to have been granted to James Fowler, the lessor of the plaintiff for his services as a soldier during the revolutionary war. On the part of the plaintiff, was produced in evidence an exemplification of letters patent, bearing date 13th September, 1790, granting the lot in fee to James Fowles, and also an exemplification of the ballotting book relating to military…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Whatever was the name of the soldier, it is clear that the name Fowles appears on the pay rolls; and there is no reason to doubt but that the same person was calle'd Fowler by his messmates. The question which the jury have passed upon is whether this soldier died *29In 1781, or whether he survived the revolutionary war and is now alive. The documentary evidence shews his death, and that his pay stopped on the day he was returned by Connolly to have died. Fifteen witnesses testify that he lived at the close of the war and was discharged. They may be mistaken ; they…
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