Denton v. Jackson
New York Court of Chancery
THIS suit was brought to determine a controversy relalive to certain plains, marshes, and a beach, situate in the town of Hempstead, in the county of Queens, before the division of that town into two towns, by the names of North Hempstead and South Hempstead, and which were, after that division, situate in South Hempstead, now called Hempstead.
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THIS suit was brought to determine a controversy relalive to certain plains, marshes, and a beach, situate in the town of Hempstead, in the county of Queens, before the division of that town into two towns, by the names of North Hempstead and South Hempstead, and which were, after that division, situate in South Hempstead, now called Hempstead. The plaintiffs are freeholders and inhabitants of North Hempstead, prosecuting for themselves and all others similarly circumstanced, as to their freehold estate, or who have equal or similar rights with the plaintiffs, in the plains, marshes, and…
1Opinion of the Court
The Chancellor.
1. The first and principal question whether the lands, of which partition is sought by the bill, be individual, property, belonging either to the heir of the surviving patentee, or to those who derive title from the patentees and their specified associates, or whether it be common property of the town of Hempstead, and subject to . its exclusive disposal.
To determine this question, we must recur to the original grants, and to the construction which they have received.
The town of Hempstead was settled in 1644, under a patent from William, Kieft, the then governor of the Dutch…
2Cited by23 opinions
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- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Frantz v. AutrySupreme Court of Oklahoma · 1907
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