Trustees of Freeholders & Commonalty of Southampton v. Betts
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1897, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The entire legal and beneficial title to the land in question was originally vested in the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1897, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The entire legal and beneficial title to the land in question was originally vested in the plaintiff. (Town of Southampton v. M. B. O. Co., 116 N. Y. 1.) The mere facts of the reservation of the sandy strip or belt from private allotment, its physical nature and the general use to which it…
1Opinion of the CourtGray, J.
The plaintiff brought this action, in ejectment, to recover a tract of land in the town of Southampton, Long Island, lying between the shore of the town pond, on its northerly side, and the Atlantic ocean, on its southerly side. It involves that portion of the shore of the ocean which lies above high-water mark and the legal question, which the plaintiff raises, concerns the power of the “ Trustees of the ProjDrietors of the common and undivided land of the town of Southampton ” to sell the land of the beach. The deed under which the defendant claims was made • to his predecessor in title by…
2Cases cited1 opinion
- Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.New York Court of Appeals · 1889
3Cited by15 opinions
- Beers v. HotchkissNew York Court of Appeals · 1931
- Chapin v. Town of SouthamptonDistrict Court, E.D. New York · 1978
- Knapp v. FasbenderNew York Court of Appeals · 1956
- Hicks v. City of BluefieldWest Virginia Supreme Court · 1920
- Waterbury Trust Co. v. G. L. D. Realty Co.Supreme Court of Connecticut · 1936
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