The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-27


TEE HEnPSTEAD PLAINS C0NTReyERsY.
--~>>-~~-~-~-~--~~~~--
The Legality Of the Sale 10 A. r. Stewart
Dcuied-Thc Legal Points Involved In the
Litigation.
A controversy has arisen in regard 10 The lands
known as Hampstead Plains, Mr.. Harvey having
already begun proceedings to prevent their passrs
into possession OF A. 7. Stewart. 1t thu. appears
that before this tract be laid o.. some litigation
must take place Messrs. Cooke and Pratt Of this
city, acting as cou~ac for Harvey, have applied for
an orasT lorDiddlng the conveyance Of
tne land to Mr.. Stewart at least tenn.
rorarily and the Supervisor and Town Clerk OF
Hampstead have been served with a summons and
complaint, setting forth that the legality Of the
ballot cast In favor OF transferring the lands will be
contested before special term OF the Queens County
Circuit Court. OctODer next is set down for the
trial Of the case.
The authorities are said to be in favor Of DEFEND
ing the legality Of the SALE and win be assisted in
the defence by Judge Hilton Stewards legal adviser
The point OF objection or exception taken by Mr..
Harvey is quite simple. The agreement entered
into between that gentleman and the Town Commits
Agreement made his 25h day Of june A. D. 1852 between
So%miss0ner. elected 81 he q Hsmpsead count;
Of ~. Ss ox h Ss 5
ioxa a e. 5 sa Ssnn ow s
~ s;ss b IL
whsress party Of s third part has offered and pro-
sp eGsS Of ans o. e the Pain
survey thereof in two parts hereto ANNEXED except ouch
frontage on he sshwsy n such .sa
SHg on said Sg
90 Te as S d n pat" s III.
consnns sors. pa1csl. portions laid
sssS D s e s %s
at ss1s: al tie s .d Rs 1ss
s h he "
have accepted, and hereby do accept saoh Offer.
e assrmnsa y ballot :. special mssng 70 g sssd for
:;d :sd party MIRA gss.s.
.A:l % % s.s IF % and sas
ts% .n @ s.
1 be sd ;n %hss inf sa
and sonrmsd anu 'n 'nAA DC 'A'0sa
The agreement as to the payment of the price of
Covenant
on signing these shall
AK ne 1s' pssa
Accept such much s's q he
be paid cash to the parties OF the first part
= Il s.
Of sS 0ep DsysDG with
date Of such deed such deeds and bond:
@ % Ss
sha have been given the party q the third
sSs ss s ssf %
III the aforesaid al
ing within thirty days from tho date Of these Prsscnts ne
dspos, from said Trust Company with whatever interest
aspss Shall Tsmsn = such S. .n -
s By the Of @ III sa
drawn upon the joint order Of the parties Of the 0rst and
and agreed that such portion: said land:
part subject the public easement and use thereof a.
And the said OF the third hereby offers pro-
as e s on
in the manner above specified;
unto set their hands and seals the day and % above
N'N N' '' ToMNsESpp' D; PETTlTT, co%mss;cns %:E
S Es$Ss SoHsSfiSs
s SgAsh \; o 4. nast TSrn CLERK.
special meeting OF the voters of the town of
Hampstead was called; the specified object Of the
meeting being to vote upon the ratification lOf the
said articles OF agreement and transfer In the
meantime, however the Commissioners had re-
ceved propositions from Mr. Stewart and took the re-
sponsibity of extending The purpose of the meeting
to decision by vote to which Of the two PROPOSE
tons should be accepted The vote resulted in favor
OF Mr.. Stewart Mr.. Harvey makes his issue and
takes exception upon the ground that the Com
missi0ners exceeded their powers in submit
ting Mr. Stewards proposition at all at meeting
called for another specific purpose, and undoubt-
cdly in point OF FORM the exception is legally TAKEN
the allegation Is therefore, that the vote on Stew.
arts proposition was illegally TAKEN and that there
rnOn ~ NINA ha sAfJ
law and nugatory. The position OF Mr.. Harvey's
counsel Is that the vote In favor OF transfer could
upon. The question Is, therefore, one OF law, and
not OF fact or one affecting the legality OF prOce
dure In itself held to be fact by the decision OF the