David Josiah Brewer

“ An examination of a map of Long Island and the Sound shows that the bay of Oyster Bay is no more of a harbor than Huntington bay. It is just as open on the northerly side. The town of Oyster Bay had a charter similar to that of the town of Huntington, the northern boundary being 'the Sound,' and the grant being 'with all the woodland, plains, meadows, pastures, quarries, marshes, waters, lakes, rivers, fishing, hawking, hunting, and fowling, and all other profits and emoluments to the tract belonging.' The action was one to recover a penalty for taking oysters contrary to a by-law of the town. ”

“ It opens into the Atlantic ocean, but is separate and distinct therefrom. Into it flow many rivers, and open many bays, harbors, and inlets; but the fact of a connection between them and it does not make them a part of the Sound. If the words describing the appurtenances were omitted from this grant, should not its boundaries be understood to be the same as now? So the question is not whether this body of water in which the tract in controversy is situated is strictly a harbor or a bay, but whether it is neither, and only a part of the Sound. ”

“ The present action is one in the nature of an action of ejectment, and to secure to the plaintiff the undisturbed control of the tract in controversy. In the state of New York there is but one form of action, the plaintiff being required by the statutes of that state to set forth in his petition the facts upon which he bases his cause of action, and the relief is given according to the facts as stated and proved. ”