Trustees of the Freeholders & Commonalty v. Kirk
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10,1878, which affirmed a judgment in favor of defendants, entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10,1878, which affirmed a judgment in favor of defendants, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover possession of a strip of land called “ the beach,” lying along the front, upon the bay, of defendant’s land, in the town of East Hampton, Suffolk county, and between high-water mark and the “ cliff” or upland. Th.e case is reported upon a former appeal in 68 H. Y. 459. Plaintiffs claimed title…
1Opinion of the CourtAndrews, J.
In the allotment by the trustees of the freeholders and commonalty of the town of East Hampton of the common lands of the town, made in 1736, the Mulford tract, now owned by'the defendant, was described as bounded westerly by the cliff. It is assumed by both parties that the title of the freeholders under the Dongan patent extended to ordinary high-water mark. When the allotment was made, there was a strip of land between the cliff and high-water mark several rods in width. This strip was not embraced in the allotment, and was consequently reserved by the freeholders as a part of the…
2Cases cited3 opinions
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