Legal Opinion

Blakslee Manufacturing Co. v. Blakslee's Sons Iron-Works

New York Supreme Court

Decided February 11, 1891PublishedCited by 1 opinion

Appeal from circuit court, Westchester county. Ejectment by the E. G. Blakslee Manufacturing Company against the E. G. Blakslee’s Sons Iron-Works. There was a judgment for plaintiff and defendant appeals.

1Opinion of the CourtPratt, J.

This is an action of ejectment for land at Sing Sing under a grant from the state to plaintiff March 18, 1889. The locus in quo is land under water. Defendant is in possession of part of the premises covered by this grant. Ejectment is, nevertheless, the proper remedy, and, generally speaking, a grant from the state will support the action. The grant is presumptively regular, and creates presumption that the patentee was the owner of the adjacent upland. Defendant alleges that this grant to plaintiff is void, on the ground that it was not the owner of the adjacent upland when it was made.…

2Cited by1 opinion

  1. Barataria Canning Co. v. OttMississippi Supreme Court · 1904

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