The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
HARLEM FLATS.


Legal Examination OF the Subject
and Delving up the Earliest Grants
and Charters-ImpOrtant Decision by
Judge Barbour.
An important decision as efecting the question
OF title to what are popularity designated as the
"Harlem Flats,n embracing, as Is wen known, an
extended area OF marsh land, originally entirely
covered and still partially covered by water at high
tide, bordering on the East River and extending
from Ninety to 106th street and part OF the
way from the East River TO the Third avenue, was
given yesterday by Judge Barbour. OF the Superior
Court. About year ago 1t appears that Thomas
Crane entered into an agreement with James
Somehow for the purchase OF some sixteen
lots OF this land in the vicinity OF Ninety fourth
street and Second He was to pay $55,5Oo for
the land, and paid $500 on the signing of the
agreement, the balance to be paid pursuant to the
regulations in the article OF agreement. Alter
matters mad proceeded thus lar, the understand
ing being that valid title In fee simple should be
given Tor the premises, Mr.. Crane thought it
worth while to have o thorough search made into
the title; This search was accordingly made, and
fused to complete the pure base, upon which Mr..
Somehow brought suit to compel him to do SO.
stated above, he yesterday gave his decision en-
bodyng the same in lengthy written opinion, and
which cannot fail to be OF interest to purchasers OF
property on these fats.
THE OPINION.
5ecns the Of q, the and ma
to state that the trial the plaintiff read in evidence
Ry Ills
tie said az s IN and
the freeholders and inhabitants OF the town or village
heirs N and pseasr lots and
the" wH y
and also granted 70 the said freehoders and il,
hss ns sxn 1es %msds,sy dsss%Snss ,S
liberties thereof such town being bounded as asovemen
toned The patent does not in terms grant oil the lands
lands the Belong the aa
S aS$ 70 ha a and s
&c Ss ad and Se are
5 Ss nd enysrs Y 81 the the
the BY ne FesSss
Ssn sns s. s
AMI yidually not only there direct grant
eo Cd S s s m il
to class persons merely ceholdcrs and
nat
was issued BY Thomas Donsa, then Captain General and
si'sS ,ss s S1S 1sSSs BEARING
ahs ans P go Gh
Allen and Rowland WaIdron as patentees for and on
and inhabitants Of New nsrsm Their heirs successors
and asssns,n certain lands describing them) and rati
fed and confirmed that grant not TO the Ave persons
also granted TO them "as patenees for and behalf
of themselves the present freehoders and inhabitants
OF the of New Harlem, their heirs and
assigns al and singular the before mentioned parcels
Of land 70 be holden 10 the said grantees OF the King the
free and common vocage, yielding and paying there
quitrent OF sixteen bushels OF wheat yeary.ms
The lands covered by the contract are
Of the grant last mentioned Hthe plaintiff had
been compelled to put In evidence the patent OF lose is
been enough prove his ownership of the premises
ancient title. But the Dongan charter OF l7oS
tanned grant OF all the lands between high and low
water mark around the island 10 the city OF New York.
which included and conveyed the premises in question
ii previously granted TO Others it essential
patent Of 1886 as prior grant Unfortunately for him.
however that patent shows that he
in the premises derived from the grantees bound therein
Is an estate by vocage tenure, and that the lands in
question originally were and stil are subject to q
rent charge a., r. g. us sec. act of l779, j. and
yarck H. 40 The plaintiff is therefore, unable to per-
form the contract upon his part Tor that contract to con-
vey, without limitation OF title implied an agree
ent to transfer and convey an estate in fee simple and
the contemplated purchaser not bound TO take diff
bargained to have and receive. - think
also that the evidence Of a grant from the inhabi-
tants and freeholders Of Harlem. through which
the plaintiff claims title, Is insufficient For the
evidence OF Mr. Seville. which alone Is relied upon to
prove that Grant does not show that each deed was
patent OF 1885, the heirs OF those persons
by majority OF those would be necessary II
such grantees could be properly considered trustees Tor
the benefit OF themselves each other and such other per-
tants OF Harlem He concludes with disnhssing the