Jackson ex dem. Gratz v. Catlin
New York Supreme Court
This was an action of ejectment for lands, in the conn? ty of Otsego. The cause was tried before Mr. Justice Spencer, at the Otsego circuit, the 3d June, 1806. At the trial, the plaintiff gave in evidence, letters patent, dated the 16th January, 1770, under the great seal of the province of New-York, for 40,000 acres of land, situated in the county of Try on (now in Otsego) t oAlexan-der M’Kee, and 39 other persons; and also a release from M’Kt e, and the other patentees, of…
Read the full summary
This was an action of ejectment for lands, in the conn? ty of Otsego. The cause was tried before Mr. Justice Spencer, at the Otsego circuit, the 3d June, 1806. At the trial, the plaintiff gave in evidence, letters patent, dated the 16th January, 1770, under the great seal of the province of New-York, for 40,000 acres of land, situated in the county of Try on (now in Otsego) t oAlexan-der M’Kee, and 39 other persons; and also a release from M’Kt e, and the other patentees, of the whole tract t0 Ceorge Croghan. It was admitted, that the lessors of the plaintiff, are the grand-children, and…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The title of the lessors of the plaintiffs, as heirs to Croghan, having in the first instance been made out, the merits of the defence depend on the legal operation and effect of the sheriff’s sale, in 1774, and of the sale by the surveyor general, under the act of the 22dof March, 1788.
I shall first consider the effect of the sale by the sheriff. This sale was made at auction, in July 1774, and a deed was executed on the 9th of November following, in favour of Jones, the purchaser, and delivered to James Duane, as an escroto; and to be…
2Cases cited1 opinion
- Simonds v. CatlinNew York Supreme Court · 1804
3Cited by10 opinions
- Jordan v. PollockSupreme Court of Georgia · 1853
- Cagger v. . LansingNew York Court of Appeals · 1871
- Borland v. DeanU.S. Circuit Court for the District of Massachusetts · 1826
- Brown v. AustenNew York Supreme Court · 1861
- Brown v. AustenNew York Supreme Court · 1861
5 more not listed; retrieve them via the Exa API.