, 1859-11-23
Important Land Sult-~Titie OF Buffalo
Gay Lots la DlBputc.-TAEo Millions
D"llaFs 1mvolvrd--Eatly History OF
Western New York.


Western New York.
lP.n. Sailing, Il al. agt. # m. IL Fargo, ct al.
This suit WIS commenced in the Northern
1aistrict Of New York, aud is an action Of eject
1nent brought by the plaintiffs, Vim. Smelling,
Geo. ". Barnes, and Z. i. Olcott, as trustees
of j. ". Lyman, Samuel Bates, J. Smelling,
Daniel g. Briggs and F. 4. Strong, against Nm.
Fargo and Company, to recover possession Of
certain property situated in the city Of Buffalo,
known as Buffalo Point, bounded by the Buffalo
Creek gu one side and Lake Erie on the other.
and containing about one hundred and thirty
acrcs OF land, upon which is erected the gor-
arnrnent light house, the whole being valued at
between two and three millions dollars.
The Courscl. in opening the casc, gave brief
history Of the title. In 11SS Martin Midd ugh
was the only white resident OF the place, now
called Lewistown, seren miles nbore Niagara
rirer. lie kept tavern, ut which traders and
Indians stopped on their wny to Canada. Tho
habisasion he occupied was orc Of the old
houses left By the Mohawk Indians. In 1872 be
arrived at Buffalo, and in 1900 there were but
three persons residing in that place. Collectively
they paid tax upon $4J, amounting in the
whole to ninc cents annually. Aiddaug 81 lived
on the north side Of the river, but subsequently,
the Indians gave him the lind on The other side
where he butt log house and followed the oc-
cupasion Of coopcsing. Ills former location was
taken from him By the brother Of Scaiuquada,
au ludian who lived IN the place. The Indians
took him over and gave him thisland. Aiddaugl
had great tcal OF intercourse with the Indians,
and spoke Indian fnently. Middaugh. BY his
Indian vile, had daughter who married a man
named Lane. Lanes daughter MargarJ, who
Is still living and eighty-oine years ot age mar
rieI 4 man named Manu-.
MarEary Mann clallned the title from her
grandfather Middaugh. She leased the preu1i-
ses III 1875, to Joshua Morgan with stipulation,
that he might purchase the land at a certain
price to be- fixed subsequently be u1chased
The premises hut did not Eet the deed. In 1885
il WAS found that the property in possession Of
Morgan might become rsiuable for commercial
purposes, and it being understood at the time,
that Mrs. Aann was the owner, various applica-
lions wero made - her to sell it at larger sum
;han she had agreed TO let Morgan have it for.
convey ance, demanded it Of her, threatening
prt ccedings in the Court Of Chanccry, in case
nhe refused 10 gire it TO hin1 for spctitic per-
farmance Of ccnsract- She delivered the deed
to him, and Mr. Morgan caused a surrey to be
made Will, view Of dividing the land into city
lots. Morgan died in 1874, leaving will under
which Albert Morgan took various mortgages,
made By the tcstator during his Life time, Is
Tcsaduary legatcc. Subsequently Albert 7.
Morgan assigned the mortgages to Barnes
T. 0lcott. Sincs the commencement OF the
suit Barnes las died. George Barnes 4 o.
coti forcclosed these mortgages. sold the prop
was commenced in March. 1858. 1t is the inten-
t;on of tho plaintiffs to- e1smine rs witues.
Seaiauquada, an Indian Of the Seneca nation,
who was present when tie gift OF MiddAuch
was made, aud who is NOW one hundred and
four years old. :.
The defendants, on the other baud, claim
that Joshua MorEan's title is defectise. They
contend that in 1855 the rightto The soil jth11eh
hot to the sovereignty Of the property in ques-
tion was ceded by The State or New i ORR to tie
State Of Massachusetts,. The latter State, by
various meAnc conSey yances ,deedrd the properly
to the Holland Company in l5a6- From the con-
veyanccs made By and through The Holland
Company 10 various parties the defendants
D., tlaua 10 hold the tide. Il il contended that
Mi-laugh never heldpossession Of the proper
tr, except in suhordiuntion to tie legal title,
and such possession through him, adverse to
the legal title, had not been long enough to con.
stitute legal title ia lis deeendants and those
claiming under him.
The poin, in the ease will evidently turn upon
the question as to tue manner and date Of the
gift Gy The Indians to Middaugh.
The case exeites considerable interest on &C.
count Of it's peculiar history and the large
amount involved A large number Of counsel
from Buffalo md this CITY arc engaged in the
Cause, .
=. For ,,laiutif, John l. Talcott, Of Buffalo
Francit-D B. Cutting, Seward, platchford .nd
Z zGsiswold, and Chas- 0'Conoz. -
For defendant, Henry ". Rogers, John Gan:
fso.:: Dennis Bowen and Joshua L. Brown, Ill Of
: Bufksp.