Legal Opinion

Williams v. . Mayor, Etc., of N.Y.

New York Court of Appeals

Decided April 19, 1887PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1885, directing judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff claimed damages for the alleged unlawful appropriation of his property and property rights by the city through its department of docks.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1885, directing judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff claimed damages for the alleged unlawful appropriation of his property and property rights by the city through its department of docks. Plaintiff claimed title under two deeds from the city of Hew York known as the Williams & Towle deeds, to a piece of land formerly under water in the Hudson river, lying between…

1Opinion of the CourtFinch, J.

Since the rights of the plaintiff depend upon deeds given by the city to his predecessors, in 1S58 and 1859, and which it is said purported to convey what the corporate grantor did not possess, and rights which remained vested in the State, it will be the most natural route to a conclusion if we start with the inquiry what rights the city possessed derived from the State at the instant of those conveyances. Before 1857 the city owned the upland covered by these grants, and which bordered on the river, to a line which is now the west line of Thirteenth avenue. The process by which it became…

2Cases cited3 opinions

  1. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  2. Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
  3. Dermott v. . the StateNew York Court of Appeals · 1885

3Cited by41 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Scranton v. WheelerSupreme Court of the United States · 1900
  3. Appleby v. City of New YorkSupreme Court of the United States · 1926
  4. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  5. Hinkley v. . State of New YorkNew York Court of Appeals · 1922

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