Trustees of East Hampton v. . Kirk
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order affirming an order of Special Term denying a motion for a new trial and directing judgment on a verdict. (Reported below, 6 Hun, 257.) This was an action of ejectment.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order affirming an order of Special Term denying a motion for a new trial and directing judgment on a verdict. (Reported below, 6 Hun, 257.) This was an action of ejectment. The land in question was a narrow strip, lying along the sea front of defendant’s farm, in the town of East Hampton, Suffolk county, and between high-water of the bay and the “ cliff ” or upland. Plaintiff claimed title under what is known as “ Dongan’s patent,” issued by Governor Dongan…
1Opinion of the CourtAllen, J.
It must he assumed that the premises in controversy, parcel of a large tract included in the same grant, were granted to the trustees of the freeholders and commonalty of the town of East Hampton, by Governor Dongan, by patent issued in 1686, and that the grant was in trust and for the use of the inhabitants of the town mentioned. It is also to be assumed upon the evidence, and in the absence of proof of a change in the shore line, that by the allotment of lands by the trustees in 1736, to he held in severalty, including the premises now owned and occupied by the defendant, the strip of land…
2Cases cited4 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Winchell v. . HicksNew York Court of Appeals · 1859
- Colvin v. BurnetNew York Supreme Court · 1837
- White v. . SpencerNew York Court of Appeals · 1856
3Cited by46 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Ormes v. . DauchyNew York Court of Appeals · 1880
- First National Bank v. . DanaNew York Court of Appeals · 1879
- Paltey v. . EganNew York Court of Appeals · 1910
- State v. SturtevantWashington Supreme Court · 1913
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