Smith v. Trustees of the Freeholders & Commonalty of the Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William E. T. Smith and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 31st day of May, 1902, upon the report of a referee.
1Opinion of the Court
Hooker, J.:
The decision in this case hinges on the location of Bailey’s stage. This is conceded to be its only issue. If that structure during its *476existence stood on or adjacent to the western boiinds of the town of Southampton on the Great South beach, instead of about a mile or mile and a half west thereof, as the plaintiffs claim, the defendants must succeéd in this action of ejectment.
In the latter part of the seventeenth century Colonel William Smith obtained Indian deeds and patents of the locus in quo and adjoining property. It appears from some of the deeds in evidence that there…
2Cases cited10 opinions
- Ayers v. WatsonSupreme Court of the United States · 1885
- Root v. StuyvesantNew York Supreme Court · 1837
- Clark v. . BairdNew York Court of Appeals · 1853
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- Drew v. . SwiftNew York Court of Appeals · 1871
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3Cited by2 opinions
- Henry v. MalenAppellate Division of the Supreme Court of the State of New York · 1999
- Albia State Bank v. SmithSupreme Court of Iowa · 1909