Legal Opinion

Mayor, Etc., of City of N.Y. v. . Hart

New York Court of Appeals

Decided April 15, 1884PublishedCited by 40 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 13, 1878, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. This was an action of ejectment to recover possession of a piece of land in the city of Hew York, lying between the original high-water mark of the Harlem river and the bulkhead line in said river.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 13, 1878, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. This was an action of ejectment to recover possession of a piece of land in the city of Hew York, lying between the original high-water mark of the Harlem river and the bulkhead line in said river. The material facts are stated in the opinion. The plaintiff derived title in fee to that part of the premises comprised by the shore, i. e., the…

1Opinion of the CourtFinch, J.

That the city of Hew York, by the terms of the Dongan charter, granted in 1686, acquired title to the tideway, or land between high and low-water mark, on the whole circuit of Manhattan island, and held it as an absolute fee, has been decided by this court. (Furman v. Mayor, etc., 6 Seld. 567; Towle v. Remsen, 70 N. Y. 303; Langdon v. Mayor, etc., 93 id. 134.) The defendant, however, asserts a prior grant, made in 1666 by Governor Hicolls, to the freeholders and inhabitants of Harlem of a tract extending “ eastward to the end of the Ryver, or any parte of the said Ryver on which this island…

2Cases cited7 opinions

  1. Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Ex parte JenningsNew York Supreme Court · 1826
  3. Towle v. . RemsenNew York Court of Appeals · 1877
  4. The People v. . TibbettsNew York Court of Appeals · 1859
  5. Simons v. FrenchSupreme Court of Connecticut · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  3. Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
  4. Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
  5. Nedtweg v. WallaceMichigan Supreme Court · 1925

35 more not listed; retrieve them via the Exa API.

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