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

sonai knewsdgs We then could havs living Wit
whether Jacob Hornbeck was living or dad
1t the time Of deed settlement whether there
not serious unfortunate between the
Propstors .. this HaTdsnbu1A patent And the .asaor
ment Of this desirable not necessary These surveyors
could have been witnesses In the Cockburn and
execution Of the settlement thus amicably made. to
put end to further controversy could have been
., tns
that had transpred in relation to the matter and 1t
only by reason Of this great lapse Of tims-of the
ton Is involved in any doubt obscurty that has
afforded color for making question to the bona M Of
is another thing gentlemen rea ton to this controversy
The complaint 10 that in the settlement of the line
the town Of has been the sufferer and that too
much land conceded to the Hardenburgh patentess
the result Of that settlement and that in point Of
fact the true boundary Of the Rochester charter
tends southwest beyond that boundary, which would
cover some 100 600 and odd This the complaint
at this day. after lapse of Of century
Now if there had been any foundation for these com
course the duty Of the authorities that period
to have called in question the validity of the line, and to
have instituted proceedings as they might have done
knowledge Of all these grounds Of objection to it, they
existed at that dsya knowledge much accurate and
complete than be possessed at this late period,
and 1t would have been natural if they had felt
sggreved is alleged the town feels aggrieved in
respect to it, to have instituted proceeding. while wit
error, mistake in the settlement. But instead Of
this have had evidence Of controversies, far
l recollect, between the trustees authorities
of the town and the propretors Of the Hardenburgh
patent These trustees have instituted suit
engaged in any controversy as respects line;
the contrary the authorities have acquesced In it from
its settlement down TO this day. for aught that appears In
seems that the trustees conveyed released all the
RIGHT which they might have beyond the settlement line
to the defendant in this suit and it is under that deed
thus given by the trustees that this controversy has
originated. From the evidence in the it has orig
I'D Will hin n q In nf
the acquiescence the part Of the authorities of this
torn for long period Of time and their instituting
proceedings for the purpose of calling in question this
in it far silence may be considered
acquesceipg-of itself reflects back considerable light
upon this ancient transaction. shall not gentlemen
take up more of your time for find have occupied a
great deal OF it than intended when commenced
submitting the case to you.
After short time spent in deliberation the jury re.
turned verdict for the plaintiff in the following
The 6ury find tlat the line between the proprietors
the Hardenbergh patent, Robert r. Livingston Samuel
verpank, and Johannes Hardenbergh, who signed the
settlement deed of 18th February IT'S and the town Of
Rochester by the trustees settled and fixed by the
agreement of 2st June 1776 the survey by Cockburn
and the surveyors and by the deed Of release Of
the 18th February, ITS.