Trustees of Brookhaven v. Strong
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 1 N. Y. S. C. [T. & C.], 415.) This action was brought to recover damages for taking oysters from the Great South bay which extends along the south side of Long Island, separated from the ocean by the Great South beach, and to establish the exclusive right of the town of Brookhaven to the oyster fisheries in that portion of said bay lying between Huntington, East Gut and Long Point. The bay is a sheet of water some…
1Opinion of the Court
Church, Ch. J.
This action involves the title of the plaintiffs to a portion of the Great South bay at Fire island, and the exclusive right to the oyster fisheries therein. Their title originated in two patents to the town ; one in 1666, by Governor Nicoll, and the other by Governor Dongan, in 1686, and a third patent, in 1693, by Governor Fletcher, to William Smith, the ancestor of one of the plaintiffs. We are asked to hold that, assuming that these patents covered the bay and, in terms, granted the exclusive right of fishery, *64yet, that they conveyed no. title, for want of power in the king…
2Cases cited4 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Rogers v. JonesNew York Supreme Court · 1828
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
- Vandyck v. Van BeurenNew York Supreme Court · 1803
3Cited by6 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- People Ex Rel. Tiffany Co. v. . CampbellNew York Court of Appeals · 1894
- Fifth Avenue Coach Co. v. City of New YorkNew York Supreme Court · 1908
- Martin v. St. Aloysius ChurchSupreme Court of Rhode Island · 1915
- Millard v. St. Francis Xavier Female AcademyAppellate Court of Illinois · 1881
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