De Lancey v. Wellbrock
U.S. Circuit Court for the District of Southern New York
At Law. An action for ejectment to recover the possession of a strip of land under water in front of uplands of the defendants Wellbrock at City Island, in the city of New York, and extending out about 400 feet from high-water mark.
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At Law. An action for ejectment to recover the possession of a strip of land under water in front of uplands of the defendants Wellbrock at City Island, in the city of New York, and extending out about 400 feet from high-water mark. The premises are situated under the waters of Long Island Sound, adjacent to Minneford’s, now called City, Island, and are part of a large tract which extends 400 feet from high-water mark outward and under the waters of the sound on the east, west, and south sides of the island. This tract of land under water was granted by the English crown to Benjamin Palmer,…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). I have taken into consideration the various authorities which have been cited, — the earlier cases concerning this City Island property, — and reached a conclusion as to the disposition to be made of the case. Really, there is no question for the jury here. There is no disputed issue of fact. There might be some dispute as to what the facts implied or what legal conclusion the facts called for, but what the facts are is not really in dispute here.
The first question that comes up is as to the extent of the grant originally to Palmer, and subsequently, by…
2Cases cited3 opinions
- Trustees of the Freeholders & Commonalty v. KirkNew York Court of Appeals · 1881
- De Lancey v. . PiepgrasNew York Court of Appeals · 1893
- De Lancey v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Nirdlinger v. StevensDistrict Court, D. New Jersey · 1919
- United States v. 25.4 Acres of LandDistrict Court, E.D. New York · 1943