
    Town of Oyster Bay, Respondent, v. Emil J. Stehli, Appellant.
    (Argued May 2, 1917;
    decided May 22, 1917.)
    
      Town of Oyster Bay v. Stehli, 169 App. Div. 857, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, reversing a judgment in favor of defendant entered upon a verdict directed by the court in an action of ejectment to recover possession of certain premises in the town of Oyster Bay. Plaintiff bases his title upon the patent from Governor Andros, dated September 21,1617. The questions on appeal were: “ 1. Whether the plaintiff sufficiently complied with the burden of proof on it to show that the locus in quo did not fall within the premises excepted in the patent to it from Governor Andros, which is the basis of its claim of title to the lands in question. 2. Whether the defendant has affirmatively proved that the locus in quo was included within the exception in this patent. The defendant’s contention in this respect is based on the claim that the premises in question were conveyed by a certain Indian deed prior to the date of the patent to the town and that title thereto, therefore, fell within the provision of the patent, excepting- rights by patent or other lawful claim. 3. Whether the town’s title to the premises in question, if it derived any under its patent, was divested by the so-called “cleanup” Indian deed and the town’s resolution and allotment.
    
      
      Lynn C. Norris and Edioard M. Perry for appellant.
    
      Henry A. Uterhart, John J. Graham and Alfred M. Schaffer for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Hiscock, Ch. J., Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  