BOROUGH OF BROOKLYN, NEW YORK CITY, May 4, 1904 To the Honorable Commissioners of the Sinking Fund of The City of New York, Stewart Building, Borough of Manhattan, New York City:

DEAR SIRS-I inclose herewith the petition of Abram Springsteen for deed of certain property in the Twenty-sixth Ward of the Borough of Brooklyn, to quiet a question in the title.

I will be obliged, if you take up this matter at your earliest convenience and notify me when and upon what terms a deed to the property in question can be given by The City of New York.

The execution and delivery of such a deed will quiet certain questions affecting this title and by making the property marketable will increase the taxable value of a considerable parcel of land.

I remain

Yours very respectfully,

CHARLES S. TABER.

To the Honorable Commissioners of the Sinking Fund of the City of New York:

The undersigned, Abram Springsteen, hereby petitions you to authorize the execution of a deed to him, by The City of New York, of certain property hereinafter described for the purpose of removing a cloud on his title, and he bases his petition on the following facts:

By a patent of Thomas Dongan, Lieutenant Governor and Vice-Admiral of New York, bearing date November 12, 1685, commonly called the "Dongan Charter," the boundary line between the town of Flatlands and that part of the town of Flatbush which subsequently became the town of New Lots, is described as follows: "Begin at the mouth of the Fresh-kill and so along by a certain ditch which lies betwixt Amersfoot and Flatbush Meadows, and so running along the ditch and fence to a certain white-oak marked tree, and from thence upon a straight line to the westernmost point of a small island of woodland, lying before John Styker's Bridge; and from thence with a straight line to the northwest hook or corner of John Oakies' meadow, and from thence along the said ditch and fence to the swamp of the Fresh-kill, and so along the swamp and hollow of the aforesaid kill, to the land of Keuter's Hook; thence along the same to a white oak tree, etc."

Upon information and belief that prior to the year 1680 the town of New Lots, then known as the New Lotts of Flatbush, was laid off into lots or tracts of upland and meadow, which lots were set off in severalty to various individuals, inhabitants of said town. That portion of New Lots lying between the highway leading from Brooklyn to Jamaica, formerly known as the Jamaica turnpike, on the north, and the road leading along the New Lots, also known as the New Lots road, on the south, between the Jamaica line on the east, and Keuter's Hook and the Hunterfly road on the west, was laid off and divided into various lots of upland and meadow, none of which lots included any lands or premises lying west of the Hunterfly road.

The Hunterfly road is an ancient highway which has been in use from the time when the memory of man runneth not to the contrary, and is universally considered as a road in use during the Dutch proprietorship of New York, and therefore known as a Dutch road, the title to which would be vested in The City of New York. This road is recorded in the "Court and Road Records" of Kings County under date of March

27, 1704, as follows: "13. One common highway from the New lotts of fflatbush to the ferry, beginning at the southwest corner of Evert Van Wyckleyn's land and soe all along by Reyne Ariantse's house as the way now is in use to the land of Jacob Vandewater, and so all along along the east side of said land to the eastward of Bedford lotts as the way now is in use to the way that leads from Jamaica to the ferry."

The use of said Hunterfly road was discontinued after Paca (now Rockaway) avenue was opened and improved, and said road between Rockaway avenue and New Lots road, including the portion abutting upon the property in question has not been in use for many years, and is now covered up and obliterated by earth and ash filling.

A strip of land lying between the patent line between New Lots and Flatlands, and the Hunterfly road, running northerly from New Lots road, was never set off in severalty by the town of Flatbush or the town of New Lots, and remained as part of the common lands of said town.

The Town of New Lots was annexed to the City of Brooklyn by act of the Legislature passed May 13, 1886 (chapter 334, Laws of 1886), and the City of Brooklyn was annexed to The City of New York by act of the Legislature passed May 4, 1897 (chapter 378, Laws of 1897).

John H. Lott by deed from James I. Van Buren and others dated May 21, 1798, recorded October 20, 1849, in the Kings County Register's office in Liber 203 of Conveyances, page 116, became seized in fee of a farm of about 100 acres, of which the property marked "A" upon the annexed diagram forms a part.

Henry Lott and John R. Lott, sons of John H. Lott, made a partition and division of said farm, and the plot marked “A” on the annexed map was conveyed in severalty to John R. Lott. (See deed Henry Lott to John R. Lott, dated October 11, 1830, Kings County Register's office, Liber 29, page 261.) The easterly boundary of this farm, . according to the deed, was the patent line between Flatlands and Flatbush (New Lots).

This farm was afterwards sold to Richard Remsen by William Wyckoff, committee of John R. Lott (May 8, 1849, Liber 195, page 334), and by Richard Remsen to John Ryerson (October 18, 1849, Liber 203, page 138).

The northerly and southerly fences of the easterly neck of said farm were built on the lines of said farm and in continuation thereof to the westerly side of the Hunter Fly road, and a fence was built along the westerly side of said road, so as to include within the boundaries of said farm the plot marked "B" on the annexed map. This plot has been, from the earliest recollection of the oldest inhabitants, inclosed by a substantial post and rail fence as part of the farm shown as “A”-on said map. This adverse possession extended from a period antedating the year 1840 until after Pacca (Rockaway) avenue was opened, in or about 1870, and the fences remained standing for many years thereafter.

(See affidavits of Maria Ryerson and E. V. Brand hereto annexed.)

John Ryerson died in possession of this property on April 5, 1901, leaving a last will and testament which was proved in Queens County on the 16th day of May, 1901. Jacob V. Ryerson, as sole surviving executor of the will of said John Ryerson, deceased, conveyed to your petitioner by deed dated April 25, 1904, and recorded in the Kings County Register's office on the 26th day of April, 1904, all that part of said farm designated as "B" on the annexed map, by the following description:

All that certain lot, piece or parcel of land, situate, lying and being in the Twentysixth Ward of the Borough of Brooklyn, County of Kings, City and State of New York, bounded westerly by lands heretofore conveyed by John Ryerson to Carrie V. Mesick by deed dated April 28, 1899, and recorded in the Register's office of Kings County on April 29, 1899, section 12, liber 12, of conveyances, at page 387; northerly by lands heretofore belonging to John Vandeveer; easterly by the centre line of the Hunter Fly road, and southerly by land heretofore belonging to John Williamson.

It appears by the foregoing that The City of New York, as successor of the ancient towns of Flatbush and New Lots, and of the City of Brooklyn, appears to have title to the premises above described, lying westerly of the Hunter Fly road, which title has been extinguished by the adverse possession and user of said property by the petitioner and his predecessor in title; and that said City of New York has an apparent title to that part of the Hunter Fly road adjoining this property by reason of the fact that said road is probably a Dutch road.

Wherefore your petitioner asks that your Honorable Body authorize and empower the proper officers of The City of New York to make a conveyance of the property herein lastly described to your petitioner.

Dated April 29, 1904.

ABRAM SPRINGSTEEN.

State of New York, City of New York, County of Kings, ss.:

Abram Springsteen being duly sworn deposes and says that he is the petitioner above named, that he has read the foregoing petition and the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to these matters he believes it to be true.

Sworn to before me this 29th day of April, 1904.

ROBERT A. FORDHAM,

Commissioner of Deeds, City of New York,
residing in the Borough of Queens.

County of Queens, City of New York, ss.:

Maria Ryerson, being duly sworn, says:

ABRAM SPRINGSTEEN.

I reside on Woodhaven avenue, Woodhaven, Queens County. I am the widow of John Ryerson, who formerly resided at Flatlands Neck, Kings County, New York. I am a daughter of George Williamson, who formerly owned the farm on the easterly side of Hunterfly road in the former Town of New Lots, Kings County.

My husband, John Ryerson, formerly owned a farm having a frontage upon the road leading from Flatbush to New Lots, which he acquired by deed from Richard Remsen and wife, dated October 18. 1849, and recorded in the office of the Register of Kings County on October 20, 1849, in Liber 203, of conveyances, at page 138. Mr. Ryerson and I moved upon said farm about the time he purchased it in 1849, and we occupied it until 1873, when we moved to Woodhaven. My son, George W. Ryerson, occupied the same farm from that time until about 1885, then we leased it for about five years, after which my son, Clarence, occupied it until we sold it to Catharine V. Mesick on April 28, 1899

When my husband and I took possession of the farm the easterly portion was fenced in to the Hunterfly road. There was a substantial post and rail fence on the westerly side of the Hunterfly road, and there were substantial post and rail fences on the division lines between the farm in question and the Vanderveer farm on the north and the Williamson farm on the south. These division fences ran to the fence on the side of the Hunterfly road. The strip of land lying between the Hunterfly road and the patent line, so-called, was always fenced in with and claimed to be part of this farm.

I attended school as a girl on New Lots road and had occasion to pass through the Hunterfly road daily going to and from school. I can clearly remember these fences standing as I have above described as far back as I can recall anything about the locality. My memory on this point goes back at least as far as 1840. I can distinctly remember the Hunterfly road being fenced on both sides, including this farm, then owned by John H. Lott. I am now seventy-seven years of age.

The fences above mentioned were always maintained in good substantial condition and the land included therein was inclosed the same as the rest of the farm until Paca (now Rockaway) avenue was cut through. As this part of the farm was marshy and could not be cultivated, the fences were not cared for after that time. They remained standing, however, for many years thereafter until they were stolen for firewood.

This strip was always claimed to be part of the Ryerson farm and was known generally as such. This was the only portion of the farm lying in what was then known as the Town of New Lots. When the county map was made, Mr. Ryerson was assessed about $22 on that piece of property for making the Commissioners' map of the Town of New Lots, which he paid. I have seen the receipt for this assessment.

No claim has ever been made to this portion of the farm in question to my knowledge adverse to our claim of title.

MARIA RYERSON.

Sworn to before me this 28th day of April, 1904.
ROBERT A. FORDHAM, Commissioner of Deeds, City of New York.

County of Kings, City of New York, ss.

E. V. Brand, being duly sworn, says that he resides in Richmond Hill, Kings County, New York; that he had occasion frequently to drive through the Hunterfly road as far south as New Lots road, and did so many times each year; he remembers the condition of said road as far back as twenty-five years ago, and recalls distinctly that all the fences were maintained in good order in each side of said road. These fences remained standing until about eight or nine years ago, when they began to disappear. All the fences in this neighborhood seemed to be carefully maintained by the farmers.

SIR-Abram Springsteen, in a verified petition under date of May 29, 1904, addressed to the Commissioners of the Sinking Fund, requests a release of the City's