The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-04-20
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The Mnnorial Title Trial.
BY MoRsE's MAGNETIC TELEGRAPH.

BY hoRsE's MAGNETIC TELEGRAPH.
Hupsos, April 10, 1850
The trial progresses slowly and but three witnesses
have been since my last report The probability
IL. that the evidence will consume all the week,
and that the will not be summed up until Mon
day.
This Ia the last that will be tried at this term Of
the court having been In session weeks and this
having occupied already eight days. The points
which the State and defence rely, and which
made subject. matter of proof, folows;-
si Thai there Is no title premise. par,
"a. That there TO- and has been, occupation.
The first Of these points the defendant denies by in
Producing In evidence the grants Of the English GO
the confirmation and deyises from old Lord
Livingston viz Robert down TO Harmon Livingston.
The prosecution deny, and cite law TO prove their
position that the title thus introduced is good
and that under IL defendant receivers and this ques
tion will be submitted TO the jury under the opinion
Of the Court Their objects those heretofore sent
you, and made by Mr.. Van Buren,, when the title
offered in evidence IT, then. the title is ruled by the
Court TO be invalid unless the defendant show
occupation Of the premises under it, to avail him
elf Of the statute u limitations which coners title
by a continued and uninterrupted occupancy aud pos
session under proper title whether valid invalid
the State must Of necessity recover.
The nee claimed their title good aud also claim
ed occupancy under IL, and this occupancy aud
possession they cndcayoring to establish and
all witnesses yet examined by them have been intro
duccd with eye TO this end. They cannot, a
matter Of course prove actual occupation Of the
whole manor by themselves in person, and
stsny driven to the proof Of acts Of ownership aud
that the persons occupying the manor have done
tenants under them as landlords. These premises
now in question being unfenced, unimproved and as
lat.
person, a fact the defence would doubtless ere th.
have sstailhhsd, had they been able to d. 30. The
defence further driven TO show location Of prcmi-
ses prove them within the line Of lands claimed aud
occupied by him and eth, deriving title in the
manner aud to show what privileges to cut wood SC,
upon the pr, mites. II any hav, been granted to aud
enjoyed by his sons and as apprehend the true po-
sion q the and the defence have their title 20
rely upon, and whatever acts Of possession they may
be able TO prove. They have proven some, though in
a como what random manners and claim that great
mary acts are evidences % possession which the court
has ruled not to be. They have excepted to such
dtcifion.
Thscourt has allowed them to prove payment o.
rents by distinct individuals when such payment vas
siven to the witness absolutely aud under this de-
csion the witness Moncrica Livingston. who Is about
80 years Of age testified TO the payment u hs
grandfather to his father and 10 himself The defence
have also introduced in evidence twenty leases
with view 90 proving location and occupation Some
Of these leases are very old, two having been
made before the confirmation. In l5l5.
The witnesses introduced since last report are Joel
Parsons Nicholas Miller and Henry Avery
The defence attempted 90 prove by the witness Par
sons that the pr, miscs In question part Of
acres q woodland held by him under al from Liv-
ineston but In this they did not succeed least In
proving plainly.
Miller testified TO the payment % rent daerent
farms aud a,o n the location Of premises lie him
self had paid rent TO John, father Of Harmon aud to
Harmon hirsssm
Henry Avery the other witness Is about % years old
Ar has just ben called to the stand Tie IL an old
collector Of taxes Of the town o. Ancran aud will give
his t,.tirouy in Tomorrow report.
There l. great DIAL q time spent in putting ques-
ti,ns the court will not ALLOW witnesses ansser
and In arguing objections &c. The IL closely
tried iy IN. counsel for both parties aud advan-
,sxe In .hs behalf 10 allowed by either to b. gained
Tn. eours,I tor the defence, evince accurate
kno~i, dge CT the Livingston title from beginning to
.ud. while Mr.. Van Curen shows no lack anl cou-
s.cts the cause In a worthy Ut his reputation
IN, interest created by the trial Is suncit 10 Keep
Oh. court rsum full and 90 bring the question up
tonic ~ ctnrersstion in the streets; but there
et, at ssst,rnrnt and indeed the slow journeyngs q
an. ana! !. rash opposed TO IT,