Roosevelt v. Draper
New York Court of Appeals
Appeal from the Supreme Court. Action to obtain a judgment of the court declaring void and setting aside a conveyance made by the corporation of the city of New York, under the common seal and the signatures of the Mayor and the Clerk of the Common Council, of a piece of land to be made, under the waters of the North river, and situated between Gansevoort street and Twelfth street, to the defendant, Joseph B. Varnum, and which he had conveyed to the defendant Coleman.
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Appeal from the Supreme Court. Action to obtain a judgment of the court declaring void and setting aside a conveyance made by the corporation of the city of New York, under the common seal and the signatures of the Mayor and the Clerk of the Common Council, of a piece of land to be made, under the waters of the North river, and situated between Gansevoort street and Twelfth street, to the defendant, Joseph B. Varnum, and which he had conveyed to the defendant Coleman. The city was the owner of the adjacent uplands, which gave it and its grantee the right to sink bulkheads and make dry land of…
1Opinion of the CourtDenio, J.
Assuming that the grant of the land under water executed to the defendant Yamum may have been either void or voidable for any or all.the reasons suggested in the complaint, the question which presents itself in the first instance, is whether the plaintiff sustains such a relation to the subject as will enable him to maintain a suit to set the conveyance aside. He is a resident citizen of the city of Hew York, and is the owner of real and personal property which is liable to be assessed for taxes therein; and he is moreover, a creditor of the city to the amount of more than $100. The…
2Cases cited2 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
3Cited by2 opinions
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- People ex rel. Bd. of State Harbor Comm'rs v. Broadway Wharf Co.California Supreme Court · 1866