People Ex Rel. Banks v. . Colgate
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by the attorney-general to vacate .and annul certain letters patent of .lands under water in the Hudson river, issued pursuant to a resolution of the commissioners of the land office, on the ground that it was executed under mistake, and in ignorance of material facts.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by the attorney-general to vacate .and annul certain letters patent of .lands under water in the Hudson river, issued pursuant to a resolution of the commissioners of the land office, on the ground that it was executed under mistake, and in ignorance of material facts. The facts are set forth sufficiently in the opinion. Defendant is the “ adjacent owner ” and “proprietor of the adjacent…
1Opinion of the CourtAndrews, J.
In 1852, one Simpson Sampson was the owner of a tract of land on the east side of the Hudson river, in the village of Yonkers. In March of that year he caused a map of the tract to be made and filed. On this map lots, among others lot 61, were laid down as abutting on the easterly side of ¡North Biver street, a street represented on the map as twenty-nine feet wide, running easterly and westerly along the shore of the river. This street had no existence, except on the map. It has never been opened or used by the public, and in front of lot 61, by reason of the inward trend of the shore line…
2Cited by10 opinions
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Moenig v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- People v. New York Transit & Terminal Co.New York Supreme Court · 1922
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