Legal Opinion

Sanger v. . Merritt

New York Court of Appeals

Decided April 15, 1890PublishedCited by 10 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, 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 December 13,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This action was begun December 7,1881, by Henry Sanger to recover possession of 259 acres of land in the town of Babylon (formerly Himtington), with damages for the wrongful withholding thereof from ¡November 15, 1875. The plaintiff alleged that he was the owner in fee and entitled to the immediate…

1Opinion of the Court

Follett, Ch. J.

The litigants agree that in the seventeenth century the town of Huntington, through the trustees for the freeholders and commonalty thereof, succeeded to the rights of the British Crown and of the Indians, and became the owner of the land in dispute and of the adjoining lands. This town was settled from New England and it sent delegates to, and was governed by the General Court of Connecticut until December 1, 1664, when Long Island was adjudged to belong to New York by a Royal Commission and the Governor and Commissioners of the General Assembly of Connecticut (3 Colonial…

2Cases cited2 opinions

  1. Wood v. . FleetNew York Court of Appeals · 1867
  2. Phillips v. KeiferCourt of Appeals of Kentucky · 1859

3Cited by10 opinions

  1. Beers v. HotchkissNew York Court of Appeals · 1931
  2. Shinnecock Hills & Peconic Bay Realty Co. v. AldrichAppellate Division of the Supreme Court of the State of New York · 1909
  3. Knapp v. FasbenderNew York Court of Appeals · 1956
  4. Dennis v. TishmanNew York Supreme Court · 1931
  5. Murray v. PetersAppellate Division of the Supreme Court of the State of New York · 1942

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