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eBook details

• Title: Smith Harpending and Others, Appellants v. the Minister
• Author : United States Supreme Court
• Release Date : January 01, 1842
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 97 KB

Description

APPEAL from the Circuit Court for the Southern District of New York. On the 25th of March 1839, the appellants filed a bill in the circuit court of the United States for the southern district of New York (they being citizens of other states than the state of New York), stating that prior to September 1696, John H. Haberdinck, of the city of New York, with four others, was seised in fee of the 'Shoemaker's fields or lands,' a tract of about sixteen acres, in the city of New York; and that in the same year, partition of the same was made, and Haberdinck became seised in severalty of divers parcels of the land described in the bill. Haberdinck died seised of the land, in January 1722, leaving a widow, who died in 1723; and John Haberdinck, Junior, of New York, was his only heir, and inherited his lands. The bill stated, that the complainants were the heirs of John Haberdinck, Junior, their names having been varied to Haberding. It stated, that they are seised, with Peter Haberding, a citizen of New York, of these lands, as heirs as aforesaid; and that no sale or devise of the lands has been made by them, or by any of their ancestors. The bill stated, that John H. Haberdinck made leases of part of the lands for ninety-nine or more years, and some of the leases so granted did not expire until after 1829. The Dutch Church had, for some time past, had possession of the lands allotted to John H. Haberdinck by the partition; and claimed that they took such possession in virtue of some will or devise of John H. Haberdinck to them. They also obtained possession of the undivided parcel, and alleged title to some shares of it, by deeds from the other tenants in common; and had demised parts of the same, &c.

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