The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-15


In< People rs Wil.GR p. Yss Rensstis5 snd s.A~,-
Tbir action bruuehtto recover $50 oi unim.
PROVED land 5og N the town Of Pos.rnai a.a 10 sue
manor Of w. .teiasrSycE The complsias slrgss thst
The Plsnifr the and catted 70
the possession thereof The dsf uosnts Mes
tile ~ themselves nndrra grant Of the nsnor OF hsas
ielbsrwyck TO kilian Van kenstelaer IN 1850, anu
second patent In l704 confirming the former Ssant:
These giants reserved an annual rent VI NIFTY onn oI
aIieee that they. ana The several persons nom una
through shom they have derived title have heia tns
land IN question without being disturbed or ns.rrpp's
by ANY Ella or title by ths plaintiffs or any otLer peg
som ana that the government Of the GEOLOGY snu sup.
ftquenty Of the State OF New York, have reeoyn2ei
their title and times received tbs rents roserv
ed and particularly that In 1s06 the duly authorized
officers of the state received from Stephen vso kSnss
lAer the sum OF $500 Communication aad sassason os
and in dr. hsrge Of the reserved rents. :,
The opinion N Judge Harris arrives at conclusions
adverse to tho views and claims OF and % tar ~
for questioning the validity Of that title OeOr 1t was To-
cogDised by our State constitution, and until 1906
when the late PATRON svaied himself OF the provisons
Of Law committing quit rents During the fret seventy
five years after tina patest graned Judge utrrts
dir several broken links the chain of tle These
however subsequently either supplied By legislation
or BY forty years aoquesoenoo the part Of tenants
The following the result OF the Judges exSmnaon
both Of law and fact -
English by the Dutch in 1904 the heirs Of the first Pa
tr0on had Just claim under the pledge given BY the
eight miles upon each sde OF the river and back from
the river reasonable distance for the Convenient use Of
actual occupants. .H
. That there was no just claim for grant OF the
trsvsgaDt character which the DoBgan patent presents
Such grant only be accounted for by the suoryi
eDcy OF she colonial and the political trou
bles which ,hen ag,ated the parent country.
3. That the 81 ant made trust tor ali the heirs OF
KiliaD Van Esnsselaer the nrst Paroon aud ae suisse
qenf grant to klD the Of Jeremas 10 1904, c0ut
not operate TO dyest those trusts lie still neld the prem
iscs the trusts specified in the patent OF 1852
But whether those tIusts satisfied or not IA
question iDvoiv 10 this ron In either the
te of he plaintiffs woa be dvestee if the grant itself
valid.
That the provisions Il DO b patents that Of 1885,
and That Of l7O4 who by privileges and fcln
clises conferred upon the lord of the manor
express alton Il the estabisbed Law. not only
England bnt OF his coooy and fox this reason Doth
grants were illegal ana void
That ihe act Of 1871 passed upon the accession Of
William ana Mary TO tina Of England Tor Jne pur
posc Il confirming certain grants, &c had no aDDca
non 10 thrte patents IL political act. having re-
fernce exclusively 10 The political troubles through
which the oou n'ry had just passed.
q. That the mere voluntary payment OF quit rent TO
the STATE could not have The legal effect OF barring the
right of the people Nor Is thero In this case eV
d. Of sub Communication Of she quit under the
act OF 1901 amounts to release the peopes right
There IT, ip regal evidence Of The payment either
OF rent or communication for rent
Z. ihGt jp respect to such portions OF the manor as
have been actually occupied Tor uninterrupted period
If forty years under the title the statute OF
mitations Independent OF any other question con-
stru'd by the Court OF appeals is Legal bar to en- ac
ticD by the paople.
IL this action therefore, iudgnen. must be rendered
IN iarOr OF the plaintiffs