MVB and Archibald McIntyre, Report on memorial of John Ballard and Asabel Minor, 20 February 1817

MVB and Archibald McIntyre, Report on memorial of John Ballard and Asabel Minor, 20 February 1817

The attorney-general and comptroller, to whom was referred the memorial ofJohn Ballard and Asahel Minor, reported as follows, to wit:

That it appears that the petitioners purchased of the state a lot of land, as stated in their petition, and that a judgment has been obtained against them for the purchase monies due, and interest. The petitioners state, that they sold the land and transfered the surveyor-general's certificate to them to one John Main, who absconded the country; that Main, before absconding, transfered to one Crookshanks, who transfered to one Joseph Whitney, who is in possession of the land, and who refuses either to pay the state or to give up the land. The memorialists therefore pray to be released from the judgment against them, or to be allowed further time for the payment of it—and upon their making payment, to receive a title for the land.

The attorney-general and comptroller are of opinion, that it would be improper to grant the prayer of the memorialists, in the manner they pray for, inasmuch as if granted in one of the ways prayed for, it might operate against the interest of the state, and if in the other, against the rights of individuals. They are, however, of opinion, that relief might be granted by directing the surveyor-general to sell the land for the monies due thereon. This would compel the occupant or person claiming the land under the surveyor-general's certificate, either to pay the sum due to the state or to abandon the land. If the payment should be made the memorialists could then have nothing to complain of—if not, they would have a right to become the purchasers of the land at the surveyor-general's sale, and by that means acquire a title without an infringement of the right of others.

All of which is respectfully submitted,

M. VAN BUREN, Attorney-General.

ARCH'd M'INTYRE, Comptroller.

February 20th, 1817.


Ordered, That the said report and memorial be refered to a select committee, consisting of Mr. Van Vechten, Mr. Stewart and Mr. Seymour.

Note: Because this document is only a verified first-pass transcription, it and the document metadata may still contain errors.