Jackson ex dem. Cooper v. Cory
New York Supreme Court
THIS was an action of ejectment for a lot of land in Coopers-Town, in the county of Otsego. The cause was tried at the Otsego circuit, in May last, before Mr. Justire Van Ness' uce y an jyess.
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THIS was an action of ejectment for a lot of land in Coopers-Town, in the county of Otsego. The cause was tried at the Otsego circuit, in May last, before Mr. Justire Van Ness' uce y an jyess. The lessors of the plaintiff having shown, in the first 1 u instance, a good title to the premises, the defendant gave . , , , , b, . . _ . - 6 , m evidence a deed from W. Cooper and A. Craig, (under whom the lessors of the plaintiff deduced title,) to the people of the county of Otsego, bearing date the 22d March, 1791, for the premises in question, and a deed from the supervisors of the county to the…
1Per curiam
The people of the county of Otsego
had not a capacity to take by grant. They were not a corporate bod}' known in law. It is a settled rule of the common law, that a community, not incorporated, cannot purchase and take in succession. (Co. Litt. 3. a. 10 Co. 26. b. Com. Dig. tit. Capacity, B. 1.) The act of 1801, (Laws, vol. 1. p. 561.) declaring valid certain conveyances to the supervisors of a county, does not apply to this case, for this was not a conveyance to the supervisors. A grant, to be valid, must be to a corporation, or some person certain must be named, who can take, by •force of…
2Cited by19 opinions
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Duffield v. DuffieldIllinois Supreme Court · 1915
- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Ready v. KearsleyMichigan Supreme Court · 1866
- Winter v. StockCalifornia Supreme Court · 1866
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