The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-13
Superior Court-Spccial Term.

IMPORTANT DECISION AS TO THE CONVEYANCE OF
CITY MISUNDERSTANDING OF RESULTS OF OPINION.
Mayor and Connondlty of Neao York and August Bel
mont as. +. Not and othersIt is alleged that the
corporation had full authority to make the grant to
Nicholas W. stuy, esant, Of the 10th of March, 1870
and that to lack and Gouverneur of the LIST of August
1925 in the manner such grants respectively were
made-that the conveyance by Nicholas W. Stuyvesant
to Neziah Bliss dated the LIST day of September 1892
was valid and operative conveyance of rights and in
terests then held by the said Nicholas in and to land
under water within I'll boundaries contained in such
conveyance and that the grants OF the corporation
sPectiyey the 18th day Of May iS44 and the 22d day
Of June, ls4S, lawful grants duly made within the
scope Of the authority Of the gantorthat the division
line of stuyyesan street established and declared in and
by the several deeds and grants in the pleidngs
toned from the margin at high water to Tompkns street.
would have been between Nicholas W. and Peter G..
every person now claiming under them respectively,
just and equitable division and apportionment of all
right to land under water and water privileges which
was appurenant to could be lawfully claimed by them
respectively as owners of the shore line under their
fathers will from the point Ninth street to the
point Twenty third street on the north as shown
in the pleadngs and exhibts-that the grantees of
Fack and Gouverneur of any portion Of the parcel
tanned in the grant made by the corporation dated the
LIST day OF August 1925, and Of all persons claiming
der them, take and hold down to and bounded by the
line of Siuyvesan street continued according to the
mees and bounds of the several lots parcels conveyed
TO them OF land then or now under water and that
right or preemptive privilege attached TO became
vested in any such grantee to any land under
water or water privilege in part of adjacent to such
lots or parcels except When expressly granted and
cept as next mentionedthat the parties whose convey
ances under flack Gouverneur bound upon Tompkins
street exclusively entitled the pre- emptve or other
privilege to any grant of land under extending be-
yond the line Of ompkns street into the river which the
corporation is hereafter be entitled make
according and in proportion to the extent of their
spective possessions Tompkns street That pur-
chaser or person deriving title under Peter g.
under Flac and Gouyerneur any parcel of ground
north of the division line Of Suyvesant street. down to
Tompkns street is or can be entitled by virtue of such
ownership any piece or parcel Of ground under water
or otherwise to privilege to the southwark of said
street. and that purchaser person de
irving title under Nicholas W. Stuyyesant any piece
parcel of ground under water otherwise to the
southwark Of such divisional line Of Stuyvesan street is
be entitled to any parcel of ground under water
or otherwise to any privilege TO the northward of
such line carried down to Tompkns street That the
plaintiff in the first entitled suit Ephaet Mott is seized
of and well entitled to all and singular the parcels of
land and land under water contained and conveyed
purportng SO to be in and by the deed conveyance
executed by Nicholas W. Stuyvesant wife TO Nezish
Bliss, and dated the LIST day of September 1892 subject
to the restrictions and provisions therein contained and
also TO all the right title and interest of the corporation
OF the city OF New York and of the people of the State of
New York in and TO the land under water and water
rights and privileges the granted in and by
the two certain grants mentioned in the pleadngs the
one thereof dated the 18th day of May s44, made to
said Elphalet Mott and the other the ed Of June IS4S
made to Hezekiah Bradford And further, that such
plaintiff is, and will be entitled adjacent owner to the
pre- emptive privilege any grant which the corpora
tion now may lawfully make, hereafter may lawfully
make Of land under water in TO the eastward of the
eastwardly line Of Tompkins street to which such pre-
emptive privilege may be attached; that such pre-
emptive privilege IL appurtenant TO the said plain
tits ownership upon Tompkins street, in proper
ton to. and governed by the ownerships of the
several grantees under Flack and Gouverneur to the
norhward Of the line of Stuyvesan street and that
reason thereof the right and privilege of such plaintiff
comprises any land under water between the line
of Thirteenth street. continued into the river from the
eastwardly side of Tompkns street and the southern
line OF Eighteenth street. from the side Of Tompkins
street the limits of such right and privilege to be the
said centre of Thirteenth street and the said south side
of Eighteenth street That the plaintiffs in the second
entitled action August Belmont and others seized of
and well entitled TO line of front on Tompkins street.
Except as may have been taken for any avenue or
street, next adjoining to the line of Stuyvesant street
on the north and extending to the Of Nineteenth
street And by reason thereof and will entitled
as adjacent owner to the preemptye privilege to any
grant which the corporation of the city New York
new lawfully make, hereafter may lawfully make Of
land under water to the eastward of the said eastwary
line of Iompkns street and lying between the southery
SIDE OF Eighteenth street and the centre line Nineteenth
street such streets should be continued to such ex
tent in the river the corporation shall be
grant and to which pre- emptive privilege or may be
attached That the defendants in such last mentioned
suit, Freeman Campbell and Rutherford Moody are
seized Of and well entitled to line of front on Tompkins
street. (except portions which have been taken
for any street extending from the centre of
by thereof and viii be entitled adjacent
owners to the pre- empve privilege TO any grant which
the corporation Of New York may lawfully make
hereafter may lawfully make OF land under water to the
eastward of the eastery side Of Tompkns street and
lying between the centre line of Nineteenth street and
continued, to which preemptive privilege Is, or
NAV be attached and to such extent into the river
~ the corporation Is may be authorized to grant
That the defendants Edward Robins and Joseph
A. Benjamin. are seized Of and entitled to the parcel
" Apd fsopting on Tomgkins street, lying between