Trustees of the Freeholders & Commonalty v. Smith
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme-Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action is in the nature of ejectment to recover land under xvater of a part of Great South hay, Long Island. The plaintiff’s title rests upon txvo colonial charters granted to the inhabitants and freeholders of the town of Brookhaven.
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Appeal from judgment of tlie General Term of the Supreme-Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action is in the nature of ejectment to recover land under xvater of a part of Great South hay, Long Island. The plaintiff’s title rests upon txvo colonial charters granted to the inhabitants and freeholders of the town of Brookhaven. The first xvas granted March 7,1666, by Governor Fieholls, and conveyed “ all that tract of land which already hath been…
1Opinion of the CourtBrown, J.
This court decided in Trustees of Brookhaven v. Strong (60 N. Y. 56), and again in Hand v. Newton (92 N. Y. 89), that under the town charters it had title to the land under the Avaters of the navigable bays and harbors -within the limits defined in those instruments. Those cases, however, afford no aid to the solution of the question now presented, for the reason that in the first action the patent under which defendant claims was a part of the toAvn’s title to the land then in dispute, and the second involved the title to land under water on the north side of the island entirely outside of…
2Cases cited11 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Faxton v. FaxonMichigan Supreme Court · 1873
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3Cited by64 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Phillips v. . West Rockaway Land Co.New York Court of Appeals · 1919
- White v. La Due & Fitch, Inc.New York Court of Appeals · 1951
- Parsons v. LipeNew York Supreme Court · 1933
- Mattes v. . FrankelNew York Court of Appeals · 1899
59 more not listed; retrieve them via the Exa API.