James Jackson, On the Demise of Harman Hart, Plaintiff In Error v. Elias Lamphire, Defendant In Error

• Decision Date: 01 January 1830
• Citation: James Jackson, On the Demise of Harman Hart, Plaintiff In Error v. Elias Lamphire, Defendant In Error, 28 U.S. 280, 3 Pet. 280, 7 L.Ed. 679 (1830)
• Parties: JAMES JACKSON, ON THE DEMISE OF HARMAN V. HART, PLAINTIFF IN ERROR v. ELIAS LAMPHIRE, DEFENDANT IN ERROR
• Court: U.S. Supreme Court

28 U.S. 280

3 Pet. 280

7 L.Ed. 679

JAMES JACKSON, ON THE DEMISE OF HARMAN V. HART,PLAINTIFF IN ERRORv.ELIAS LAMPHIRE, DEFENDANT IN ERROR.

January Term, 1830

THIS was a writ of error to the court for the trial of impeachments and correction of errors for the state of New York.

An action of ejectment was commenced in the supreme court of New York, to May term 1825, for a tract of land, part of lot number thirty-six, in Dryden, Tompkins county, part of the military tract, and formerly part of Onondaga county.The cause was tried in June 1826, and a verdict and judgment were rendered for the defendant.On the trial of the cause, a bill of exceptions was tendered by the plaintiff, and a writ of error was prosecuted by him to the supreme court of errors of the state of New York, where the judgment of the court below was affirmed; and the plaintiff brought up the case to this court by writ of error.The title of the plaintiff, as stated in the bill of exceptions, was derived under letters patent, for the whole lot number thirty-six, issued to John Cornelius, and his heirs and assigns, under the great seal of the state of New York, dated the 17th of July 1790; and a conveyance in fee of the lot from the patentee to Henry Hart, dated the 17th of January 1784, duly proved and deposited for record, according to the provisions of a statute of the state, on the 25th of April 1795.Evidence was also given to prove that Henry died some time in the summer of 1788, leaving the lessor of the plaintiff his heir at law, he being then a minor, aged about five years.That about the year 1791, he was taken to Canada by his paternal uncle, and afterwards entered into the employ of the North West Company, and continued in the same for upwards of sixteen years, and then returned to New York; and has since resided in Albany in that state.

The title of the defendant was derived from the same patent to John Cornelius, and under a deed executed by him, dated June 23, 1784, duly proved October 31, 1791, and deposited, according to the statute, April 3, 1795.By this deed, the premises in dispute were conveyed to Samuel Brown.On the 25th of January 1793, Brown conveyed to William J. Vredenburgh and John Patterson; on the 9th of June 1800, Vredenburgh, for himself and as attorney for Patterson, regularly constituted, conveyed to Gerret H. Van Wagoner; who on the 9th of June 1800, conveyed to William J. Vredenburgh; and by a deed duly executed by Vredenburgh, July 5, 1800, duly acknowledged and recorded the premises were vested in Elias Lamphire, the defendant in error.

On the 24th of March 1797, the legislature of New York passed 'an act to settle disputes concerning the titles to lands in the county of Onondaga.'

The preamble of that law recites:

Whereas a convention of delegates from a number of towns in the county of Onondaga have, by their petition presented to the legislature, prayed that a law may be passed, authorising a speedy and equitable mode of settling disputes relative to the titles of land in that county: therefore, be it enacted, &c.

The first section appoints commissioners, with full power to hear, examine, award and determine, according to law and equity, all disputes and controversies respecting the titles, and all claims whatsoever to any lands in the county of Onondaga, and to examine any party or parties submitting to their examination and witnesses on oath, and to commit any witness refusing to be sworn or to answer any question or questions touching the premises, to the gaol of the county in which they may then sit, there to remain until he or she shall submit to be sworn, and to answer such question or questions: provided always, that no person shall be obliged to answer any question which may tend to charge himself or herself with any crime, nor shall any witness be compelled to answer any question or questions wherein he or she shall be interested.

The second section directs that the commissioners shall proceed to execute their trusts, and shall meet for the purpose at times most convenient, in the county of Onondaga, and shall cause their award or determination upon every claim or controversy respecting any lands in the said county of Onondaga, to be entered in a book or books to be by them provided for that purpose; which award or determination shall, after the expiration of two years after the making thereof, become binding and conclusive to all persons, except such as, conceiving themselves aggrieved by any such award or determination, shall within the said two years dissent from the same, and give notice thereof to the said commissioners or file the same in the office of the clerk of the county of Onondaga; and shall also, if not in the actual possession of such land, within three years after such award or determination commence a suit or suits, either at law or in equity, to recover the land or to establish his or her right to the same, and shall prosecute such suit or suits to effect; in which case, such award or determination shall not operate as a bar to such suit or suits, but if no such suit or suits are brought within the times aforesaid and prosecuted to effect, then the said award or determination of the commissioners shall be final and conclusive; and in case any such suit commenced within the time aforesaid shall abate by the death of the defendant, then the party dissenting, or if by his death, then his heirs or devisees, may at any time within one year revive such suit, or if necessary commence a new suit for the purpose aforesaid, and prosecute the same with like effect as such first suit might have been prosecuted, if it had not abated as aforesaid; and the said commissioners are hereby directed to enter in the said book or books a note of the time of receiving every such dissent; and when they shall have executed the trusts and duties by this act committed to them, they shall deposit the said book or books in the office of the clerk of the said county of Onondaga, there to remain as records of their proceedings: provided always, that if the parties in any case will enter into an agreement before the said commissioners, to abide by their determination, then and in every such case the award or determination of the said commissioners shall be final and conclusive as to such parties and their heirs for ever.

The third section directs notice of their appointment and of the time and place of their meeting to be given by the commissioners, and that the notice shall require all persons having any dispute or controversy respecting any title or claim to any land in the said county of Onondaga, to appear in person, or by their agents or attorneys, before the said commissioners, at the time and place therein mentioned, to exhibit their claims, that the said commissioners may proceed in the execution of the trusts committed to them.

By the sixth section it is declared, that as to all lands in the county to which no adverse claim shall be made, an entry to that effect shall be made in the books of the commissioners, but in cases of interfering claims they shall examine and determine the same; and in all cases where there are filed or recorded in the said office two or more deeds from one and the same person, or in the same right to different persons, if any person interested under either of them shall neglect to make his claim, and in all cases where several persons appear to have claims to one and the same piece of land, and any of them do not appear before the said commissioners, they shall cause a notice to be published in the newspapers aforesaid, and continued for six weeks, requiring all persons interested in such land to appear at a certain time and place therein mentioned, not less than six months from the date of such notice, and exhibit their claims to the same land; and after the expiration of the time therein mentioned, it shall be lawful for the said commissioners to proceed to the examination and determination of all matters concerning the said land, and the title to the same, whether all or any of the parties interested therein appear and exhibit their claims or not; saving to all persons aggrieved by any such award or determination the right of dissenting and prosecuting in the manner aforesaid.

The seventh provides, that if the party dissenting from the award of the commissioners shall be in the actual possession of the premises, then the award of the commissioners shall be as to such person of no effect; and unless the party in whose favour the award of the commissioners shall be made, shall within three years commence a suit to establish his title to the land, and shall prosecute the same to effect, then he shall be for ever barred of all right or claim to the land.

The eighth section declares, that neither the act nor any thing therein contained shall be construed to the prejudice of any person under the age of twenty-one years, or feme covert, or person not of sound mind, or in prison; if...