The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-20

United States District COuyt.
Bsfsrs the Hon. Judge Nslssa.


Afan N.~yena SeAs9, Jxar., and Aaypara his Wife,
o. Nes' Denss~-Tas evidence In the ant-rsnt cause,
which has been progressing for several days past this
court closed yesterday. Tie counsel for the do
SeadAat declined summing mp the cause and 1t given
10 the jury under ths charge Of the Court It case
u considerable importance. The plaintiff hrs seAot)
h daughter Of the late Commodore Rdsely, oil the
United States Navy, nd granddaughter Of the late
Chanesler Livingston She dssuces her title through
this channel from the colonial government the patent
having been granted in the reign Of Queen Anne. The
anti renters seek demolsh This title and set vari
etv of claims to the lands in question: which lie in Sul
van county The particulars given in the charge Of
The Court to the jury, which Is as follows -
THE JUDGES CHARGE.
Gentlemen Of the Jxry-The plaintiffs in the case caim
part of lot No. in the Hardenburgh patent lying in
the town Of Nsvisink, Sullivan county. The title the
let ID derived from the Livingston family who became
large owners in that patent at very early day. This
patent was granted the Goth April, 170S, and
bounded on the by several other patents that
had been previously grsnted-the Kingstowa patent,
Hsrley Marbetown, and the Rochester patent. Pard-
Of the Hsrdenburgh patent track made among
the several propre.ors in 1749 and lot No. part
whck is in dispute this case to two of them
Robert Hyingstenand Cuban verpanck and in
December following, released his interest to Livingston
WAo thus became the sole This title-that is the
1ivngstoa titlecame down through his ancestors to
Robert ivingston former distinguished Cha nceor of
this State the death Of his father ITS or TO Robert
Livingston therefore the of this lot former
Chancellor Of the State, the of it, you win
presently see at the time Of the settlement OF the dis
putsd line in question The plaintiffs upon this record
1srve their title through him. and thus they make out
iheir claim TO the premises in dispute patent
charter granted to the town OF Rochester, for the
lands in that town, the 25th June, 1903. 1t was
granted to Henry Beekman, Joakm SHOEMAKER, Moaes
Do Puy their heirs and assigns in trust for themselves
and all the feehoders and inhabitants of the The
boundaries Of this patent charter far they
material in the case from the said hills or sand
burghs, which what may be called suppose, the
southwest Of that tract thence in the words
of the patent "wih northwest line to the great
Aans commonly called the Blue Hills thence northeast
something nOrtherly along said bills to the bounds
Of Marbletown." This is the boundary in dispute.
These trustees by the charter to be elected
nuay and had to SELL and dispose of the
Lands granted by and with the advice of two principal
free holders and inhabitants should be most fit aud
convenient These we're among the powers conferred
upon the trustees in the charter The defendant in this
claims under the trustees OF this town. deriving
Hardenburg patent, as you will recolect bounded
by it's eastsrly line this Rochester patent, among
Others and granted in lI0S i've years after the
grant to the town Rochester The Rochester grant
extended back to the great mountains called the Blue
MArbletown. The boundary between the two tracks
vas, thus, a, you win see, left open, undo
dispute and Of controversy between the respective
preprietors Of the two tracts, and thus it con-
In 177s on the at Of june an agreement was entered
into between portion Of the proprstors of the Harden
providing for amicabe settlement Of this line 1t is
particular and specific and appears to have been
Ssiberaton and care It reses that disputes had es
listed for considerable time between them, to the
fruA h0uuda al nvu nj chosta
that the and of the town. at the
annual meeting for the election Of the 4h Of
June, 1776, appointed BENJAMIN Hornbeck, Hendrick
jo. and consult with Colonel Jacob HornbscE, Dr. An
drew De Witt and Captain ]. Schoonmaker, the then
trustees TO treat with the Of the Hardenburg
patent order TO settle the boundaries of the
Benjamin Hornbeck, Of the frseholders and duly
considering the claims Of the respective, parties,
dairy then agreed upon is described with great par.
tisuiarty, giving monuments, courses, and corners,
settled boundary Among other things contains four
reservations Of tracts Of land which had been previously
which fell within the Hardsnburg trsc oriing the
Line which they had agreed upon These four tracts,
within the Hardenbuy tract owners
as part Of the arrangement and of this conro
Hire shall be upon the described therein
and erected to perpetuae it, and that the
In. sn
agreement Is traced in the hands of the family OF one
Of the parties claiming under the ardenburg patent
married the daughter Of James De Brosses the nephew Of
Elias who Of the original parties to the instrument
and who succeeded to his estate an ancient and
the execution Of it too remote to bhe the usual
proof of instrument Of that description and for that
reason such proof not exacted BY the law The place
where paper Of this description has been found if such
. place would naturally be expected, provided it vas
genuine together with evidence of done and of rights
claimed under it. furnish the usual proof Of ger
ness field book also produced Of the survey of this
lnethus pointed out and described in the agreement
This field book contains detailed accounts daily
eeunEby the surveyors Of the running of the line Civ
upon the ground the courses and the distances and il
under the date Of the same year, November, 1776. |
The surveyors William Cockburn and John
Wsgram, who had been is rected in the I
deed Of settlement, agreed upon by both of the
parties 70 out the line. It is also ancient
cord and bears marks of the exacness and with
which transactions of this description and magnitude
performed in those early times It contains particular
giving the names of tho persons who were engaged in
chat duty-the number Of days in which the chain
Line All this is the close Of the field book The ex
peases are footed up divided and the amount divided
receipt BY the Surveyor Cockbnrn given the
q Rochester for the men Of their portion Of the
propretors Of the Hardenburg tract, the
ents OF their title In addition to this counterpart of
of the town of Rochester respects corresponding
with the one in the hands Of the other parties and in the
came handwriting chiefly in the handwrngof Nj. Cock
burn, the surveyor Two field books seem to have been
made by the for each Of the respective
one OF them find in the hands OF the proprietors
Of the Hardenburg tract, and the other among the
records Of the town Of Rochester each sfay to be
presumed in their possession as a part of the NUM-
nens Of the title Of their respective tracts Then
have deed of mutual releases signed by both parties
according the stipulatons contained previous
agreement which they had entered into 1t is under
date the 18th February ITS and describes the lines
previously settled in the Of l17s and
veyed and marked out by the two surveyors, giving
fhe ground lines marked and has attached to it map
ofthe line and which maPs referred to in the body Of
the instrument The deed proved by Cockburn the
Surveyor who subscribing witness to it before
of the Judges of the Common Pleas Of Ulster county
The 18th February 177s four days after its execution
The proof and the acknowledgment think according to
my recollection ia in strict conformity with the law
It existed in this State in I71s.
Mr. Jcrdan-Does your Honor understand that Cook
bnrn witness to the execution by all the partiesp
Judge notwithstanding to my recollection of it,
etis mutual release by the propretors of the Harden
burg patent upon one side. and the trustees of the