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2 Wend. 592

Jackson v. Tibbits

New York Supreme Court

Decided May 15, 1829

New York Supreme Court · decided 1829-05-15

This was an action of ejectment, brought for the recovery óf a lot of land situate in the town of Truxton, in the county of Cortland, ■ tried at the Cortland circuit, in January, 1829, before the Hon. Samuel Nelson, one of the circuit judges, The lessors of the plaintiff produced an exemplification of an award made in 1800, by the Onondaga commissioners, of Prem’ses ™ question, to Jeremiah Van Rensselaer, and of a quit-claim deed from Van Rensselaer to Hunloke Wood-ruff of…

Cited by 1 later decisions — most recently October 1848

Good law ✅— No negative treatment on recordhow we know

Decided 1829-05-15

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By the Court, Marcy, J.

¶1By the act under which the award was made, the commissioners were directed to enter their awards and determinations upon every claim and controversy respecting the lands in the county of Onondaga, (in which the premises were then situated,) in a book or books to be provided for that purpose; and those books were directed to be filed in the clerk’s office of that county, there to remain as records. A subsequent act directed a similar book to be made and filed in the clerk’s office of the county of Cayuga of the awards and determinations concerning lands then in the county of Cayuga, which had recently been set *593off from the county of Onondaga. The premises in questian were, when the proceedings were filed, in the county of Onondaga. The exemplification of the award concerning them was therefore properly made by the clerk of that county.

¶2The question as to the constitutionality of the act under which the Onondaga commissioners acted, was submitted to this court nearly twenty years ago, and decided in favor of its validity. In repeated decisions since, those proceedings have been sanctioned. It is now too late to hear an argument upon the question.

¶3Motion for new trial denied.

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