Boreel v. Mayor
The Superior Court of New York City
The bill in this cause stated that the defendants, on the 1st of August, 1810, by deed under their corporate seal, granted to John Jacob Astor, now deceased, and to his heirs and assigns, two water lots, one of them, (in relation to which the controversy in this cause has arisen,) situate between King and Hamersley streets, in the city of New York, and extending westerly in breadth from high water mark on the Hudson River, four hundred and twenty-eight feet, to the line…
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The bill in this cause stated that the defendants, on the 1st of August, 1810, by deed under their corporate seal, granted to John Jacob Astor, now deceased, and to his heirs and assigns, two water lots, one of them, (in relation to which the controversy in this cause has arisen,) situate between King and Hamersley streets, in the city of New York, and extending westerly in breadth from high water mark on the Hudson River, four hundred and twenty-eight feet, to the line established as the permanent line of West street, and in length, from north to south, one hundred and fifty feet, saving and…
1Opinion of the CourtBy the Court. Mason, J.
The first question which presents itself is, What is the estate or interest which the plaintiffs have in the bulkhead or wharf?
It was not pretended on the argument, that they own the land on which it is erected. It is built on the permanent line of West street; and West street, extending easterly from the permanent line seventy feet, was expressly excepted from the grant. The words are, 11 Saving and reserving nevertheless out of the several water lots and soil under water above mentioned, so much of the same as will be necessary to make Washington street sixty feet wide, and West street…
2Cases cited1 opinion
- Parker v. BrowningNew York Court of Chancery · 1840
3Cited by6 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Fond du Lac Water Co. v. City of Fond du LacWisconsin Supreme Court · 1892
- Tide Water Pipe Line Co. v. BerrySupreme Court of New Jersey · 1890
- Langdon v. Mayor of New YorkNew York Supreme Court · 1882
- People ex rel. Smith v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1877
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