Majority
p. 88Brown v. Mitchell. The act of 1784 cannot apply to sales made prior to it. cited the 10th section of the act passed May 1st, 1786, entitled, “ An n act further to amend an act entitled, an act for the “ speedy sale of the confiscated and forfeited estates u within this state, and for other purposes therein “ mentioned.”
Headnote
THE lessor of the plaintiff recovered at the last Dutchess circuit on title existing prior to 1776, and the defendant set up title derived from the state, under” a sale by the commissioners of forfeitures, prior to 1782, and under the act passed October 22d, 1799, entitled, “ An act for the forfeiture and sale of the “ estates of persons who have adhered to the enemies “ of this state, and for declaring the sovereignty of “ the people of this state, in respect to all property 61 within the same.”The Attorney General for the defendant,
now moved for the appointment of appraisers under the first section of the act passed May 12th, 1784, entitled, “ An act for the speedy sale of the confiscated u and forfeited estates within this state, and for other “ purposes therein mentioned,” to ascertain what improvements the plaintiff must pay before he can take possession.
Evertson, contra.
The Attorney General in reply,
The act last cited is retrospective, and affects prior titles, and so courts have considered them.
Let the defendant take the effect of his motion.