
    Jackson, ex dem. Robicheau and others, against Swartwout.
    
      An award of. the Onondaga commissioners, under the act (sess. so. c. 5i.) dus'ivc,aU<if<X)1io filed6 though the land was vacant, for five years atter; and the party against whom the au ard brought ills'ac possession &was taken.
    THIS was an action of ejectment, for part df lot No. J . 74. in the town of Hector, and was tried at the last Sene- . . - _, „ ea circuit, before Mr,, J ustice Fates.
    
    The plaintiff gave in evidence an exemplification of an. awal'd of the Onondaga commissioners, dated the 29th Tleeember, 1-800, awarding the lot in question to John 1 0 ■*- u Currie, one of the lessors. The defendant proved that the . lot was vacant-, that no possession was taken; until the year 1805-; and-offered to prove a title from the" patentee, adverse to that of the plaintiff on which the award was made; but there being no evidence of any dissent having been filed, nor. any produced, the judge overruled the evidence, holding the award as conducive against the defendant-; and, under his. direction,. the jury found a verdict for-the plaintiff.
    
      A motion was made to set aside the verdict, and for a new trial, which was submitted to the court, without argument.
   Per Curiam.

This case comes within the decision of Jackson, ex dem. Cornelius, v. M'Kee, (ante, p. 429.)

As no dissent was ever filed, the title under the award was final and conclusive. The motion is, therefore, denied.

Motion denied.  