Legal Opinion

Van Amringe v. Barnett

The Superior Court of New York City

Decided June 29, 1861PublishedCited by 6 opinions

Exceptions heard in the first instance at the General Term, (the judgment being in the meanwhile suspended,) by the direction of the Judge presiding at the trial.

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Exceptions heard in the first instance at the General Term, (the judgment being in the meanwhile suspended,) by the direction of the Judge presiding at the trial. This action was brought to recover one undivided fifth of land described in the complaint, which was part of the old eastern post road, or King’s Bridge road, in the upper part of the Oity of Hew York. •The plaintiffs alleged in their complaint, that they claimed in right of the plaintiff Eleanor, who was a daughter, and one of the heirs of George Youle. George Youle died in 1828, seised of a tract of land lying on the eastern side…

1Opinion of the Court

By the Court—Bosworth, Ch. J.

By letters patent, dated October 9, 1677, Edmund An dross, Lieutenant and Governor General, granted sixty acres of land to David Deffore. These sixty acres embraced the premises in question; and the Eastern Post Road, or as sometimes called, the King’s Bridge Road, or Post Road, when subsequently opened, run through this tract of land.

It was not proved, when this road was opened. It was, probably, opened between June, 1703. (Hoffman’s Treatise on the Corporation, pp. 278) and 1715 ; (id., 281). David Deffore continued to own the sixty acres, until the 2d of May,…

2Cases cited1 opinion

  1. Ingraham v. BaldwinNew York Supreme Court · 1851

3Cited by6 opinions

  1. Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876
  2. Mitchell v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1905
  3. Mitchell v. EinsteinNew York Supreme Court · 1904
  4. Mott v. EnoAppellate Division of the Supreme Court of the State of New York · 1904
  5. Mott v. EnoAppellate Division of the Supreme Court of the State of New York · 1904

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