7th Great Grandfather Casper Kimber was involved in a court suit per the Minutes of the Common Council of the City of New York, Volume IV, published under the Authority of the City of New York; Dodd, Mead and Company, 1905.
The
following is from the Council Minutes dated July 27, 1733, pages 185-186:
“Whereas Mr. Thomas De Kay (who hold and is
in Possession of a Certain Tract of Land in the Out Ward of this City, which,
the 21th day of July 1701 was Granted by this Corporation to his father Jacob
De Kay and to his Heirs and Assigns for Ever with Convenants of Warranty
&c:) hath made Application to this Court that he hath lately been served
with a Lease of Ejectment for part of the Said Land in the Name of one [305]
Caspar Kimber on the several Demises of Cornelius Cortrecht, & Margaret
Cortrecht also on the demise of Adolph Benson and Eva his wife, Mitie
Cortrecht, Susannah Cortrecht, Arent Cortrecht, and Lawrence Cortrecht Infants &c:
and prays this Corporation will give such Instructions to his Counsel to defend
the Said suits as to them shall appear Adviseable &c: It is therefore hereby ORDERED that Alderman
Cruger, Alderman Stuyvesant, Alderman Rutgers, Alderman Roosevelt, Mr. Chambers
Mr. De Peyster and Mr. Roos or any four of them be A Committee to Enquire what
Right or Title the Plaintiff in Ejectment or any Other Person or Persons have
or Claim to the Lands in Question, and the Quantity thereof, that they Call to
their Assistance the Surveyors of this City or one of them, and make a true
State of the Matter as it Shall Appear to them. That the said Committee do also
Enquire what Encroachments are made upon the Lands of this Corporation to the
Westward of Harlem Line, and by whom, and make their Report with all Convenient
Speed.”
Upper
Manhattan was known as the Out Ward comprising the Bowery and Harlem divisions.
It’s clear the De Kay family owned the land but I’m having difficulty
interpreting Casper’s role as the plaintiff in the court suit. A lease of
ejectment was used to regain possession of real estate held by another. Demises
means transferred by will or lease. I wonder if the Cortrecht’s and Adolph
Benson were turning their leases over to Casper or perhaps vice versa. Or did
Thomas De Kay renege on some agreement with Casper and his other tenants? I
don’t know why the number 305 appears in brackets prior to Casper’s name.
More
details emerged in the Council Minutes Nov. 4, 1734, page 234:
“ORDERED that Alderman Bayard, Alderman
Johnson, Alderman Fell, Mr. Moore, Mr. Leroux and Mr. Myer or any four of them
be a Committee to Enquire into what Title Casper Kimber (on the several Demsies
of Cornelius Courtrecht and Others) hath to some Lands in the Out Ward of this
City near the Harlem Line formerly sold by this Corporation to Jacob Dekey, and
make A Report of their Opinion what will be proper for this Corporation to do
in that Affair with all Expediton.”
Several
years later court orders were issued in the Council Minutes Feb. 28, 1737[-8], page
411:
“No
751 Warrant Issued
ORDERED
the Mayor Issue his Warrant to the Treasurer to pay to Mr. Joseph Murray or
Order the sum of Seven pounds Current Money of this Colony in full of his Acct.
for fees in an Action lately depending in the Supream Court of this Colony
wherein Thomas Dekey as Defendant at the suit of Casper Kimber on the Demise of
Cornelius Cortrecht & Others was Plaintiff in Ejectment as appears by his
Acct. which is Audited and Allowed”
“No
752 Warrant Issued
ORDERED
The Mayor Issue his Warrant to the Treasurer to pay Mr. William Smith or Order
the sum of Nine pounds Nine Shillings and three pence Currt. Money of this
Colony in full of his Acct. for fees in an Action lately depending in the
supream Court of this Colony in Ejectment wherein Casper Kimber on the Demise
of Cornelius Cortrecht & Others were Plaintiffs agt. Thomas Dekey Defendant
as appears by his Acct. which is Audited and Allowed”
Well,
the suit went to the Supreme Court of the New York Colony. Remember New York
was part of British America at this time. Mr. Joseph Murray was an attorney for
the New York Corporation and received seven pounds for his services. Perhaps
Mr. William Smith was also an attorney.
This
is all the information I have about the court case. I would love to know what
happened. Readers, your help would be appreciated! Please comment if you can
add to Casper’s tale.
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