Reports of Cases Argued And Determined in the Supreme Court of ..., volume 15

Cover Reports of Cases Argued And Determined in the Supreme Court of ..., volume 15
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 15
New York (State). Supreme Court, William Johnson, New York (State). Court for the Trial of Impeachments And the Correction of Errors
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BiU in the ca^ before us, tlie only difficulty appears to uris.e from the name being spelled UTinner^ Mislead of Miner, It is evidentr tliat the soldier under whcun ^e. lessors claim wrote hi^ name Miner; and if it had t)een 9hawn that there had been in the army any man by the name 9^Minnery the patent would i^e deemed to liave issued to him ; IjMit nothing of that i^ind uppearing« it must be considered a ^ere misspelling of the name, which cannot aflect the identity gf the person ; nor is it s...uch a diflerence in the spelling as to make it a distinct name. Besides, the defendant himself sets up a title derived from a soldier by the name of Mjses Minor, The grantor in the deed under which he claims describes him- •elf as the heir at law of Moses Minor , deceased, late a private ifk the first New- York regiment, mariner. And the evidence ^ the case is very strong to show that Uiis is the same person Vnder whom the lessors derive title^ It appears, by the testi- ^nony of his sister, that he left Stomngton/in Connecticut y in the year 1774, and went to sea.

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