People v. Mauran
New York Supreme Court
Ejectment, tried at the Richmond circuit in November, 1846, before Edmonds, Cir. J. The declaration was for a lot of land at Tompkinsville in ¿he town of Castleton, on Staten Island, which was particularly described, and was made land, formed by filling up in the bay.
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Ejectment, tried at the Richmond circuit in November, 1846, before Edmonds, Cir. J. The declaration was for a lot of land at Tompkinsville in ¿he town of Castleton, on Staten Island, which was particularly described, and was made land, formed by filling up in the bay. The first count was upon the possession of the people, and the second and third upon that of Vanderburgh and others, commissioners of health of the city of New-York in trust for the people, pursuant to 1 R. S. 444, § 1—the premises being claimed as belonging to the Marine Hospital. It was proved that prior to 1815, the premises…
1Opinion of the Court
■ By the Court, McKissock, J.
The first question that arises in this case is, whether an action of ejectment will lie for the premises in question? They are situated below high water mark on the shore of New-Yorlc bay. To determine that, it will not be necessary to decide whether that action can in any case be maintained by the people for lands under the navigable waters of the state. For whatever was originally the condition of these premises in that respect, they had before suit brought been transformed by human labor into dry land. It might as well be said of the property in Water, Front…
2Cases cited7 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Jackson ex dem. Mancius v. LawtonNew York Supreme Court · 1813
- Patterson v. JenksSupreme Court of the United States · 1829
- Ross and Morrison v. ReedSupreme Court of the United States · 1816
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3Cited by38 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Matter of City of BuffaloNew York Court of Appeals · 1912
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
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