Brink v. Richtmyer
New York Supreme Court
THIS was an action of trespass, which was tried at the Ulster circuit, for breaking and entering the close of the plaintiffs, covered with water, usually called the Green Flats, and fishing therein.
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THIS was an action of trespass, which was tried at the Ulster circuit, for breaking and entering the close of the plaintiffs, covered with water, usually called the Green Flats, and fishing therein. The plaintiffs were the lessees of Alexander Cockburn, who derived his title under a patent, dated the 5th of' January, 1768, to Hugh Patrick, of “ All those eight certain islands, and two flats of land, lying and being in Hudson river, &c.and the premises in question are thus described: “ one other island directly opposite the mouth of the said Saugerlies creek, commonly called and known by the…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. This is an action of trespass for breaking and entering the plaintiff’s close, called the Green Flats, and fishing thereon. A title to the locus in quo is made under a patent to Hugh Patrick, bearing date the 5th day of January, in the year 1768, by which eight islands and two flats of land, lying and being in Hudson's river, are granted to the patentee. The locus in quo is claimed as an island, which is described, in the patent, as follows : “ One other island, directly opposite the mouth of the said Saugerlies creek, commonly called and…
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