Legal Opinion

Van Zandt v. Mayor

The Superior Court of New York City

Decided June 29, 1861PublishedCited by 7 opinions

Appeal by both parties, from a judgment entered upon findings of fact and conclusions of law of Mr. Justice Hoefman, on a trial without a Jury, in May, 1860. This was an action brought by Peter P. Yan Zandt, Ann Eliza Hedley, George Janeway, William W. Jane-way, Sarah A. Green, Samuel Kuypers and Amelia Ann his wife, William Dawes, Mary A. Dawes, John Yan Zandt, William H. Scofield and Eliza C. his wife, John Eaymond and Johanna his wife, Joseph Torrey and Emeline his wife,…

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Appeal by both parties, from a judgment entered upon findings of fact and conclusions of law of Mr. Justice Hoefman, on a trial without a Jury, in May, 1860. This was an action brought by Peter P. Yan Zandt, Ann Eliza Hedley, George Janeway, William W. Jane-way, Sarah A. Green, Samuel Kuypers and Amelia Ann his wife, William Dawes, Mary A. Dawes, John Yan Zandt, William H. Scofield and Eliza C. his wife, John Eaymond and Johanna his wife, Joseph Torrey and Emeline his wife, Eobert Lane, Peter Y. Z. Lane, Abraham Y. H. Yan Yechten, and Mary Y. Z. his wife, J. Augustus Yan Zandt, William D.…

1Opinion of the Court

By the Court—Woodruff, J.

At the time of the grant to Thomas Clarke, under which the plaintiffs herein, or their devisor, claimed title to the lot of ground at the southwest corner of Burling slip and Water street (viz., in 1692,) the defendants had no title to the lands lying-under the waters of the East river below low-water mark.

All the title, therefore, legal or equitable, to any land, which passed by force of that grant, was limited towards the East river by the line of low-water mark. The land under water extending beyond that line was vested in the Crown, and could not be granted by the…

2Cases cited3 opinions

  1. Morss v. ElmendorfNew York Court of Chancery · 1844
  2. Blunt v. McCormickNew York Supreme Court · 1846
  3. Tole v. HardyNew York Supreme Court · 1826

3Cited by7 opinions

  1. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  2. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  3. Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
  4. Langdon v. MayorNew York Supreme Court · 1878
  5. Greene v. New York Central & Hudson River RailroadThe Superior Court of New York City · 1883

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