
    Jackson, ex dem. Wadsworth, against Wendell and another.
    a freehold, or estate in fee in landi cannot be conveyed wjth0UL deed» ,or Bea1,
    THIS was an action of ejectment, brought to recover the . t* i tvt • n i . ° possession ot lot No. 11. m Solon, in the county of Cortlandt. * _ v At the trial, before Mr. Justice Spencer, at the Cortlandt circuit. in 1814, the plaintiff gave in evidence the original patent to John Thomas, dated July 9, 1790; also, a written instrument dated the 5th of September, 1789, without seal, from John Thomas, by which, “ in consideration of a valuable sum received,” &c. he sold, quit-claimed., and conferred all his, right, See. to bounty lands, &c. to James Wadsworth.
    
    It is unnecessary to state the further evidence in the cause. A verdict was taken for the plaintiff, subject to the opinion of the court on a case made, which was submitted to the court without argument.
   Per Curiam.

Several objections are stated as to the sufficiency of the instrument from Thomas to Wadsworth, to convey a title to the lot in question. It is unnecessary to take notice of any other than the one, that the instrument is without a seal. This alone is fatal to the plaintiff’s title, according to the decision of this court, in Jackson, ex dem. Gouch, v. Wood. It is expressly decided, in that case, that a conveyance of a freehold estate in fee, must be by deed or writing under seal.

Judgment for the defendant. 
      
      
        Ante, 73.
     