Lansing v. Smith
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. In 1813 the plaintiff became the owner of a water lot in the city of Albany, which in 1804 was granted by the commissioners of the land office of this state to one W. Quackenboss, who was the owner of a lot extending from North Market-street to the Hudson River, which water lot was land under water, adjoining Quackenboss’ lot on the shore, and extending the whole width of his lot, which was about 53 feet, east into the river about 250 feet.
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Error from the supreme court. In 1813 the plaintiff became the owner of a water lot in the city of Albany, which in 1804 was granted by the commissioners of the land office of this state to one W. Quackenboss, who was the owner of a lot extending from North Market-street to the Hudson River, which water lot was land under water, adjoining Quackenboss’ lot on the shore, and extending the whole width of his lot, which was about 53 feet, east into the river about 250 feet. The grant to Quackenboss was made by virtue of a general act of the legislature, enacted the 24th March, 1801, and reenacted…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
Some techical objections are made to the replication of the plaintiff which I do not deem it material to consider; the same question which was intended to be raised by the replication arises on the bill of exceptions. The second count is broad enough to cover the erection of *20the draw bridge immediately south of the plaintiff’s wharf, an¿ js not met by the special pleas; but as in an action on the case it is not necessary to plead the defence specially, the whole defence may be gone into on the general issue. T , „ , , • , • , , , 1 shall…
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