Legal Opinion

Beach v. Mayor of New York

New York Supreme Court

Decided March 15, 1872PublishedCited by 4 opinions

This was an action brought by the plaintiff, as grantee of the h.eirs of Jasper Ward, against a large number of defendants, ninety-five in number, to have a partition and sale or a division of the following property situate on Ward’s, formerly Great Barn Island, in the limits of the city and county of Hew York: Firstly.

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This was an action brought by the plaintiff, as grantee of the h.eirs of Jasper Ward, against a large number of defendants, ninety-five in number, to have a partition and sale or a division of the following property situate on Ward’s, formerly Great Barn Island, in the limits of the city and county of Hew York: Firstly. All the lands' under water around Great Barn' Island, situate in the East river or sound, in the city and county of Hew York, from high water mark to low water mark, and extending on the north-west side of said island, 150 feet from low water mark toward Hew York Island, and…

1Opinion of the Court

After several months’ deliberation, the justice expressed a doubt on one point raised by the corporation counsel, viz.: “ That the plaintiff’s complaint should be dismissed because that the plaintiff does not claim that he has any interest or estate in all the lands sought to be partitioned as joint tenant or tenant in common with all the defendants, nor have all of the defendants an interest or estate as joint tenants or tenants in common with him or with each other in all the said lands.”

And judge Ingraham ordered a reargument on that point.

Demlis McMahon, for the plaintiff; Abraham…

2Cases cited5 opinions

  1. Brownell v. BrownellNew York Supreme Court · 1838
  2. Jackson ex dem. Wynkoop v. MyersNew York Supreme Court · 1817
  3. Sharp v. BrandowNew York Supreme Court · 1836
  4. Jackson ex dem. Atwood v. DouglassNew York Supreme Court · 1826
  5. Nostrand v. DurlandNew York Supreme Court · 1856

3Cited by4 opinions

  1. Kelley v. SalvasWisconsin Supreme Court · 1911
  2. Gouverneur v. National Ice Co.New York Supreme Court · 1890
  3. In re City of New YorkNew York Supreme Court · 1936
  4. de Lancey v. HeylmanNew York Supreme Court · 1910

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