Legal Opinion

Furman v. The Mayor

New York Court of Appeals

Decided July 1, 1853PublishedCited by 1 opinion

In Equity. Appeal from the superior court of the city of New-York. The facts are fully stated in 5 Sandford's S. C. it., 16. From the judgment there rendered, the plaintiffs appealed to this court.

1Opinion of the CourtWillard, J.

On the 20th July, 1804, and long before that time, the corporation of the city of New-York were the owners in fee simple absolute of the land adjoining that owned by Gabriel Furman, the appellants’ testator and ancestor, and extending from high water mark to low water mark, and from thence four hundred feet into the East river. This is obvious from the charter. The riparian owner of the land bounded on tide water, is limited by high water mark. Beyond this, the land under water, including the shore or bank to high water mark, belongs to the public, and at common law to the King as parens…

2Cases cited1 opinion

  1. Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829

3Cited by1 opinion

  1. Field v. WilburSupreme Court of Vermont · 1876

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