Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 13,1887, which affirmed a judgment in favor of the plaintiff, entered upon a verdict directed by the court. This action was in the nature of ejectment to recover land under the waters of Mecox bay, in the town of Southampton, Suffolk county. The town claimed title to the land under the colonial charters. There were two charters to the town.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 13,1887, which affirmed a judgment in favor of the plaintiff, entered upon a verdict directed by the court. This action was in the nature of ejectment to recover land under the waters of Mecox bay, in the town of Southampton, Suffolk county. The town claimed title to the land under the colonial charters. There were two charters to the town. The first was dated November 1, 1676, and was granted by Governor Andross, The second was granted by Governor Dongan, and…
1Opinion of the CourtBrown, J.
Hearly all the Long Island towns were created by royal charters, and the patents were intended not only to create the corporate bodies and thus clothe the inhabitants with the power of government, but also to convey the title "to the land within the bounds of town.
In several cases the charters of these towns have been before the courts for construction, and invariably it has been decided that under them the towns, in their corporate char acter, took title to the undivided and unappropriated land within their bounds. (Brookhaven v. Strong, 60 N. Y. 57; Hand v. Newton, 92 id. 88; Robins v.…
2Cases cited14 opinions
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Rogers v. JonesNew York Supreme Court · 1828
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3Cited by39 opinions
- State v. ManleySupreme Court of New Jersey · 1969
- Lowndes v. HuntingtonSupreme Court of the United States · 1894
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
- Visser v. MagnarelliDistrict Court, N.D. New York · 1982
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