Town of North-Hempstead v. Town of Hempstead
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellants filed a bill in chancery for a partition of the plain lands, marshes, meadows and beach comprised within the bounds of the town of Hemp-stead, as originally granted.
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Appeal from chancery. The appellants filed a bill in chancery for a partition of the plain lands, marshes, meadows and beach comprised within the bounds of the town of Hemp-stead, as originally granted. The town of Hempstead having, by an act of the legislature, passed in 1784, been divided into two towns, one of which was called South Hemp-stead, and the other North Hempstead, the freeholders and inhabitants of the latter town claimed to be entitled to an interest in the plain lands, marshes, meadows and beach situate in the former town, and, by their bill, prayed a partition of the same…
1Opinion of the Court
Savage, Chief Justice of the Supreme Court.
The object of the bill filed in this case is to obtain partition of certain plains, beaches, meadows and marshes situate within the town of Hempstead, in which the appellants claim to be tenants in common with the respondents.
From the allegations of the parties in their pleadings, there seems to be no dispute between them upon the point, that the lands in question were held by the town of Hemp-stead in its corporate capacity, and not by the patentees or their heirs in their individual capacity. Indeed, in no other capacity could the appellants file…
2Cited by11 opinions
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- Thomas v. DakinNew York Supreme Court · 1839
- Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.New York Court of Appeals · 1889
- Robertson v. BaxterMichigan Supreme Court · 1885
- Moore v. SpellmanNew York Supreme Court · 1848
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