The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-19
Important Anti-Rent Case.
yNITED STATES CIRCUIT COURT
Exfore the Hon Samuel Nsls0n

Before the Hon Samuel Nelson
ses Shot, ". and WIFE. o.. Neai Beaso--In this
which argued before The Court during the last
term Jodge Nelson has given tie following decision
This wa application for injunction against the de
fec dau to restrain him from
cutting wood Peeling bark toe lands and premises
Of the plaintiffs, In the county Of sullivan and from
making sales " leases or other contracts relative to said
lands The bill Of complaint fled by the plaintiffs Mr.
schott and his wife daughter Of the late Commo lore
kidgsy citizens Of the state If Pennsylvania up the
title Of the great usrdenbugh patent in the counties Of
Ulster, Queens Delaware aud SULLIVAN sranted by the
Crown Of Great Britain in 1905. to Johnnnis Harden
bcrgh and others Tie title Is traced To the year II a.
whsn partition Of the patented premises made be
tween Robert Livingston Cuban q. Ferpank and
devsees and purchasers Of the orinzl 1at-nees Rob-
ert Livingston the grandfather Of The lac Chancellor
Livingston and died in 1870 leaving only sen Robert
X Livingston who inherited his entire estate Rober.
Il. Livingston died In l77o leaving bis eldest SON. Rob
ert X Livingston abe late Chancellor, who inherited
der the laws OF Eug i'd the entire Of his father
Chsnceiior Livingston ded IN )sz leaving two dauyh
teri, one OF whom Eizsbet h. married EDWARD Lvings
ton and the other, Margaret NJ. married Robert L.
Lviogstou Robert L Livingston aud his wife by la
heritApce and releases By the other heirs
the Of reat Lot No Of the Ha-lenbu
Pstest. which lies mostly in Neysrsink sullivan county
Corpeiis Louisiana daughter II Robert L. Livingston
married Ctmmodore RIdgely and lett three daughters
Mrs schott, the paiLsi Mr. IT George Crognan and
Mics Elizabeth kidgey. partition wss among
Lot No 4 Of The hardepburgh Patent ana Mrs schott
became the ovner u the prsn iiset in que ton large
tract Of land lying oo and near the Nev.rsink River
The complainzbe that the defendant Neal Ben
who form erly sheriff OF sullivan county and the
prpsias nj IL the Anti Rent Association. has for the
last years prveurd be the owner Of 100 oo0 acres
OF land Sullivan county by virtue ola quit claim deed
fom the trustees ct Of Rochester in opposition
to the Livingston title that has committed tespsses
he premises personally. and by melting and urging
Others, trg the road eeliDg the hrmlock bark
surveying sclus and max ng contracts Tor sale and
leases cf the premises that the sn aud other heirs
have been forced TO rommeucs several suits for tres
and actoas u ecctuent against Benson and the
anti renters who claim title under him The complain.
for Injunction the ground thai the de-
irrprable injury TO the sae that he occasionihg
multiplicity q suits BY continuing his trespasses al
though the title had been ssttiec in cut tried before
Judge Watson, IN Suliiyan county in October. 1870.
that he and his confederate unable TO respond
for damages inflicted aud that they carrying the
legal warfare IN opposition the Living title with
the asestsnce q the sntreDt associaon The mctioa
argued before Judge Nel-on at the last Nay
by Samuri Shervoo and ueUrgs wood Esqrs. for me
plaintiffs and A Jordan b-l for the defendant.
The defesdant sets tLat he n the Of the pre-
miees that he has dseo from he trustees Of e town
Of Rochester for the greater portion o. Great Lot No Il
the HsroenburRh pateLt that settlement Of boundary
line b.tve.D the rdsnburgf and Rochester patents
Jacob norrbeck, one Of the commissioners Of sne town
of Rochester that the true boundary that described
in the original patent being line starring the sand
bTgh running the Blue hi aud that the line
ITS did not extend The Blue hills aims
sud that the town 81 Rochester had a good title
200 scr Of sna that bad heretofore been considered
part Of The Hsrdenbufgn tent all u vhich land
trustees a thai town had released him. The
Plaintiffs reply that the Commissioner Hornbeck
died before the execution Of the deed l'75 and that
the question OF biz decssse before the execution Of the
deed settled In the tried before Judge Watt IN
an sullivan county and that the verdict o the jury in
that suit bad entirely confirmed the title q the Living
stoB fsssy Great Lot No u the sdenburgn patent
His nor, Judge Nelson. he 9Th inst decis vi ths
motion in favor Of the Plaintiffs and ordered in
Junction, which issued llth. eBjoning and
aiming the defendant aud his agents confede
raies from committing any further trpasses upon the
plaintiff pa. mees or making sales contracts,
leases q The snds or doing any other act in oppooa
% the rights Of the complaibaDts