Smith v. Trustees of the Freeholders & Commonalty (36 A.D. 386, 1899)

Goodrich, P. J.:

The action is for the partition of land, waters and lands under the waters of the Great South bay, the islands therein and the water, hunting, hawking, fowling and fishing rights therein, such premises-being situate in the town of Brookhaven and bounded westerly by' .a north and south line drawn through the east end of Pattersquash island, southerly by the Great South beach, easterly by the Southampton town line, and northerly by high-water mark on tlie north side of the Great South bay. Each of the four plaintiffs is seized in fee simple of one undivided eighth part of the property in question. The defendant trustees are seized in fee simple of the •other half, and the defendant Lydia S. Floyd claimed some interest in the property. At the trial of the action it was conceded “ that the actual partition will be desired by both parties if it become •necessary, and if this action will lie.” The court found, among •other things, that “ all parties interested in the said premises an