Legal Opinion

People ex rel. Tracy v. Woodruff

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court and attested on the 26th day of April, 1898, directed to Timothy L. Woodruff and others, Commissioners of the Land Office of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings relating to the denial of the application of Jeremiah Evarts Tracy for a grant of lands under water in the village of New Brighton, town of Castleton, county of…

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Certiorari issued out of the Supreme Court and attested on the 26th day of April, 1898, directed to Timothy L. Woodruff and others, Commissioners of the Land Office of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings relating to the denial of the application of Jeremiah Evarts Tracy for a grant of lands under water in the village of New Brighton, town of Castleton, county of Richmond, State of New York. In 1897, the relator, who was the owner of certain upland.on the north shore of Staten Island…

1Opinion of the Court

Edwards, J.:

The power of the court to review the decision of the Commissioners of. the Land Office denying the relator’s application for a grant is challenged by the respondents’ counsel, and this presents the first question for our consideration. Early in the history of the State the power which was vested in the Legislature to grant lands under navigable waters within the limits of the State, to the title to which the State had succeeded, was confided to a Board of Commissioners of the Land Office. (Laws of 1786, chap. 67; Laws of 1801, chap. 69.) It was said by the chancellor in Lansing v.…

2Cases cited4 opinions

  1. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
  2. People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public ParksNew York Court of Appeals · 1884
  3. People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
  4. People ex rel. Underhill v. SaxtonAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. People ex rel. Gratwick v. Commissioners of the Land OfficeAppellate Division of the Supreme Court of the State of New York · 1922
  2. People ex rel. Moenig v. Commissioners of the Land OfficeAppellate Division of the Supreme Court of the State of New York · 1919

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