People ex rel. Tibbits v. Canal Appraisers
New York Supreme Court
The relator claimed thatdam.iges shouldbe allowed to him by the canal appraisers for the destruction of a water-fall belonging to him, situate in the middle of the sprout Mohawk rtyer’ nearlY opposite the, junction of the Erie and Champlain canals, by the erection of a dam across the Hudson river, at the sloop lock between Troy and Lansingburgh.
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The relator claimed thatdam.iges shouldbe allowed to him by the canal appraisers for the destruction of a water-fall belonging to him, situate in the middle of the sprout Mohawk rtyer’ nearlY opposite the, junction of the Erie and Champlain canals, by the erection of a dam across the Hudson river, at the sloop lock between Troy and Lansingburgh. The appraisers refused to admit the claim, and on application to this court an alternative mandamus was issued, to which the appraisers made a return. On the coming in of which a peremptory mandamus was ordered, directing the appraisers to proceed and…
1Opinion of the Court
*365By the Court,
Sutherland, J.
The first question to be .... , , . , , , considered is, whether the relator has shown a title to the middle sprout of the Mohawk river, and that involves the inquiry whether the middle sprout is embraced within the man- or of Rensselaer-wyck. The relator has exhibited a regular paper title under that patent to the middle sprout eo nomine. The description of that patent, as contained in what are called the letters patent of confirmation, dated the 20th May,1704, from the then colonial governor to Killian Van Rensselaer, as follows: “All that and those tract and…
2Cases cited3 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- King v. KingMassachusetts Supreme Judicial Court · 1811
- Hayes's v. BowmanSupreme Court of Virginia · 1823
3Cited by31 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Vansickle v. HainesNevada Supreme Court · 1872
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Braxon v. BresslerIllinois Supreme Court · 1872
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
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