De Lancey v. . Piepgras
New York Court of Appeals
The defendant P. claimed title hy adverse possession. It appeared that C., his grantor, went into possession of a small portion of the upland in 1861 which was used as a shipyard. Two marine railways, each ten or twelve feet wide, extended into the water about 200 feet. In 1863 C. procured from the commissioners of the land office, a patent of the land under water upon which the railways were built, and in 1865, built a wharf at the foot of a street.
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The defendant P. claimed title hy adverse possession. It appeared that C., his grantor, went into possession of a small portion of the upland in 1861 which was used as a shipyard. Two marine railways, each ten or twelve feet wide, extended into the water about 200 feet. In 1863 C. procured from the commissioners of the land office, a patent of the land under water upon which the railways were built, and in 1865, built a wharf at the foot of a street. It did not appear that those structures were kept up or used continuously for twenty years. They were of a temporary character and designed…
1Opinion of the CourtMaynard, J.
The plaintiff and the defendant John Hunter have recovered in ejectment from the appellant the possession of a strip of land under water adjacent to Minnefords, or City island, in Long Island sound, extending into the sound four hundred feet at right angles to ordinary high-water mark. The premises are a part of a tract of land under water of the same width, comprising about one hundred and forty-five acres, completely surrounding the island, and described in letters patent issued to Benjamin Palmer, May 27, 1763, in the name of the Crown of Great Britain, by ¡Robert Monekton, captain-general…
2Cases cited17 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
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3Cited by31 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- People v. FooteAppellate Division of the Supreme Court of the State of New York · 1934
- Matter of City of New York (Main St.)New York Court of Appeals · 1915
26 more not listed; retrieve them via the Exa API.