Towle v. Palmer
The Superior Court of New York City
Appeal by the defendants from a judgment entered on a' verdict against them. This action was brought to recover a part of a lot of land on the north side of Twenty-fifth street, in the city of Hew York, 475 feet west of the Tenth Avenue, which the plaintiff claimed in fee, alleging that the defendants pretended to claim some right thereto,. but their claim was unlawful. ' The defendants were Jacob A. Palmer and Isaac E. Smith, the latter of whom was a tenant holding under…
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Appeal by the defendants from a judgment entered on a' verdict against them. This action was brought to recover a part of a lot of land on the north side of Twenty-fifth street, in the city of Hew York, 475 feet west of the Tenth Avenue, which the plaintiff claimed in fee, alleging that the defendants pretended to claim some right thereto,. but their claim was unlawful. ' The defendants were Jacob A. Palmer and Isaac E. Smith, the latter of whom was a tenant holding under the former: The cause was tried on the 16th day of December, 1861, before Hr. Justice Houcbief and a jury. The land lay…
1Opinion of the Court
By the Court.—Robertson, J.
The plaintiff is bound to make out one or more of the following principles to entitle him to recover in this action.
1st. That the proviso in the Statute of 1807 (Laws relating to City of New York, 434, § 15 [Davies],) under which the Corporation of the City of New York derived title to the lands in controversy, requiring them in case of any conveyance of such lands, to recognize a pre-emptive right in the owners of the adjacent upland,' operated • not merely as a partial 'restraint on alienation by such Corporation, but conferred some new positive indefeasible right…
2Cases cited24 opinions
- Vanhorne v. DorranceSupreme Court of the United States · 1795
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
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3Cited by1 opinion
- Towle v. SmithThe Superior Court of New York City · 1864