390 FIFTEENTH ANNUAL REPORT OF THE 



John Brown's Tract Litigation 



On January 16, 1896, the State purchased from William Seward Webb 

 and the Ne-ha-sa-ne Park Association 75,366 acres of land situate in Her- 

 kimer county, the consideration paid by the State therefor being the 

 sum of $600,000. 



Among the lands conveyed were 15,289 acres situated in Township 

 8, John Brown's Tract, in which township there was retained by Webb, 

 all the land immediately surrounding Fourth Lake, Big Moose Lake, Twit- 

 chell Lake, Moose River and several other smaller streams and lakes aggre- 

 gating in area 17,711 acres. 



The deed from Webb to the State contained the following covenant 

 in relation to the future use of the land owned by Webb in Township 8 

 but not conveyed by said deed: 



' The said William Seward Webb and the Ne-ha-sa-ne Park Associa- 

 tion for a valuable consideration to them duly paid for themselves, their 

 heirs and assigns, jointly and severally covenant and agree to and with the 

 party of the second part, its successors and assigns that none of the remain- 

 ing lands in said Township 8, John Brown's Tract, belonging to the party 

 of the first part or either of them which have not been heretofore contracted 

 by them to be sold shall be used or sold for commercial, agricultural, manu- 

 facturing or other purposes except as mentioned in said Thompson con- 

 tract, but the same shall by the parties of the first part, their heirs and 

 assigns, be used and sold exclusively for permanent forestry, hotel, camp 

 and cottage purposes, and all deeds of the same from said parties of the 

 first part or either of them, their heirs, successors or assigns shall contain 

 a clause as to said remaining lands in said Township 8, binding the purchase 

 thereof, his heirs and assigns to a perpetual use of said land for permanent 

 forestry, hotel, camp and cottage purposes." 



A portion of the land thus retained by Webb and to which the above 

 covenant attached, situated upon Fourth Lake in the vicinity of Eagle Bay 

 and being known as Eagle Point, was thereafter conveyed by Webb to 

 William J. Thistlethwaite. 



