History of Westchester County, New York, Vol. I
This claim the Palmers met by filing a bill in Chancery against Philipse and Van Cortlandt and on May 2, 1729, obtained a decree that the Proprietors of the Middle Neck under their mortgages and their Release from Edward Richbell, were entitled to have the Middle or Great Neck extended as far Northward as the East and the West Neck extended, and that Philipse and Van Cortlandt should be perpetually enjoined from making any claim or pretences to that part of the Great neck south and east of the Bronx River.
In 1731 an action between James De Lancey and wife and Mrs. Martha Heathcote against Josiah Quinby was tried at Westchester for a trespass in the Manor of Scarsdale committed by the defendant. The defendant pleaded that the premises were not in the Manor of Scarsdale, but in the Manor of Pelham, and produced Pell's Patent. The agreement between Pell and Richbell, above given, for dividing the land between Cedar Tree brook and Stony or Gravelly brook was then produced by the Plaintiffs, and the jury found a verdict for the plaintiffs with damages and costs.
A great question arose some thirty five years later in relation to the Middle Neck and the Manor of Scarsdale. Many persons had become interested in the former both as purchasers and as mortgagees. The Palmers had early sold undivided twelfth parts to various persons, among others" one twelfth and ahalf of one twelfth " were sold to Robert Livingston July 20*'' 1728. The purchasers had many of them died and left numerous heirs and among these was Mr.