Towle v. Smith
The Superior Court of New York City
This is an action to recover a strip of land on the northerly side of Twenty-fifth street, in the city of New York, forty-nine fi?et four and a half inches wide, and extending from the Eleventh avenue, westerly, about three hundred feet to the harbor commission line.
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This is an action to recover a strip of land on the northerly side of Twenty-fifth street, in the city of New York, forty-nine fi?et four and a half inches wide, and extending from the Eleventh avenue, westerly, about three hundred feet to the harbor commission line. The plaintiff claims, under a grant from the corporation of New York, dated November 29th, 1859, purporting to grant a strip of this width from the high-water line, near the Tenth avenue, to the harbor commission line. The defendants claim, under a prior grant, made by the corporation to the children of Thomas B. Clark, dated…
1Opinion of the Court
*493By the Court,
Robertson, Ch. J.
The defense in this case rests solely on a possesory title to the premises in question. The complaint rivers such possession by the defendants, which' the latter admit in their answer, but claim it to have been adverse to all the world for twenty years. Of course their right to dismiss the complaint depends solely upon the weakness of the plaintiff’s title. The plaintiff’s claim to such premises depends wholly upon a grant of them to him by the corporation of the city of New York, in the year 1859. Á strip of land to the eastward of the Eleventh avenue was also…
2Cases cited9 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- The People v. . the Rector, C., of Trinity ChurchNew York Court of Appeals · 1860
- Kenada v. GardnerNew York Supreme Court · 1848
- People v. Van RensselaerNew York Supreme Court · 1850
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