[Syllabus from pages 1-3 intentionally omitted]
THIS was a writ of error to the circuit court of the United States, for the southern district of New York.
In the circuit court for the southern district of New York, an action of ejectment was instituted by the defendant in error, for the recovery of a tract of land in the town of Carmel, in the county of Putnam, in the state of New York. The plaintiff claimed title on the demise of John Jacob Astor and others, named in the case. The action was tried by a jury at October term 1829, in the circuit court, in the city of New York, and a verdict and judgment rendered for the plaintiff in the same; a bill of exceptions was tendered by the defendant in the circuit court, who prosecuted this writ of error.
After judgment was rendered for the plaintiff in the circuit court, he prayed the court to order a writ of possession, to cause him to have possession of the premises; and thereupon James Carver suggested to the court, that Roger Morris, and Mary Morris his wife, under whom the plaintiff in ejectment claimed, were for fifteen years and upwards, next before the 22d of October 1779, in possession of a large tract of land in the then county of Dutchess, in the state of New York, including the premises. That on the 22d of October 1779, the legislature of the state of New York, by 'an act for the forfeiture and sale of the estate of persons who have adhered to the enemies of the state, &c.' declared Roger Morris and his wife to be convicted and attainted of adhering to the enemy; and all their estate, real and personal, severally and respectively, in possession, reversion, or remainder, was forfeited and vested in the people of the state. That commissioners appointed under this act, on the 16th of November 1782, sold, disposed of, and conveyed the land in question in this suit, to Timothy Carver, his heirs and assigns, for consideration of seventy-one pounds. That by an act of the legislature of the 12th of May 1784, and an act of the 1st of May 1786, it was among other things provided, that where judgment in a due course of law should be obtained for any lands sold by the commissioners of forfeitures, against any person who derived title thereto under the people of the state, or the commissioners, the person who obtained judgment should not have a writ of possession, or obtain possession of the land, until he or she should have paid to the person in possession under said title, the value of all improvements made thereon, to be estimated as provided in the acts. That he, the said Timothy Carver, purchased the property held by him in the full confidence that he obtained a perfect indefeasible title to the land in fee simple, entered forthwith into possession of the same, made great, valuable and permanent improvements on the land, which are now in value upwards of two thousand dollars, by which the lands are enhanced in value to that sum and upwards. That Timothy Carver afterwards conveyed the premises to James Carver, the defendant in ejectment, who also made other valuable improvements on the land, before the commencement of this suit, of the value of two thousand dollars and upwards. That this action has been commenced and prosecuted, and a recovery has been had on a ground of title, reciting the same; that the act of the legislature of New York, passed the 22d of October 1779, for the forfeiture of estates, &c. did not take from the plaintiff in the suit the title to the premises, after the death of Roger Morris and wife, both of whom were deceased at the time of the institution of this suit. So that the plaintiffs were the owners of the land in fee, and entitled to recover the possession of the same. And the defendant insists that, under the provisions of the several acts of the legislature of New York, he ought to be paid the value of the improvements made on the lands; that no writ of possession should issue until the same was paid; and he prays the court to stay the plaintiff from the writ, or from having possession of the lands, until the value shall be paid; and that commissioners may be appointed to ascertain the said value.