McFarlane v. Kerr
The Superior Court of New York City
Appeal from a judgment in favor of the defendant, recovered by the plaintiff upon a trial before Mr. justice Moncrief, without a Jury, in ¡November, 1861. The plaintiff sued to compel the specific performance of a contract by the defendant to purchase twelve lots of land on Fourth avenue, between 133d and 134th streets, in the Oity of ¡New York. The defendant alleged that the plaintiff’s title was defective, and he therefore refused to complete the purchase.
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Appeal from a judgment in favor of the defendant, recovered by the plaintiff upon a trial before Mr. justice Moncrief, without a Jury, in ¡November, 1861. The plaintiff sued to compel the specific performance of a contract by the defendant to purchase twelve lots of land on Fourth avenue, between 133d and 134th streets, in the Oity of ¡New York. The defendant alleged that the plaintiff’s title was defective, and he therefore refused to complete the purchase. A portion of the premises lay below the line of original high water mark, and between high and low water mark of Harlem river, and the…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The plaintiff claims title under Charles Henry Hall, to the premises in question. These premises are on the westerly side of Harlem river, between high and low water mark, or wholly easterly of low water mark.
Charles Henry Hall’s paper title to a part of the premises, (if any he had,) is under a deed from John Adriance, dated June 27, 1825. This deed bounds the premises .which it professes, to convey, “ easterly on the Harlem river.”
The deed under which said Hall obtained whatever of documentary title he has to the residue of the premises, is from Gabriel Furman,…
2Cases cited3 opinions
- Furman v. Mayor of New YorkThe Superior Court of New York City · 1851
- Curson v. MonteiroNew York Supreme Court · 1807
- Rose v. KlingerSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- De Lancey v. . PiepgrasNew York Court of Appeals · 1893
- Somerville v. City of New YorkNew York Supreme Court · 1912
- Roberts v. BaumgartenThe Superior Court of New York City · 1885