New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20

ssi1 SUN II &i9e0eo the consideration money for tho
ssid property The cause was referred 70 Daniel Z.
Slclta. VIE. BY report dated The 4th day Of June
last ret orted IN favor of the plaintiff the sum Of
entered upon the same day. That an execution has
been Issued upon the said judgment against the de-
PENDANTS and 10 now in the hands Of the Sheriff Of the
City and County Of New-Yok, under Which ne
threatens TO sell the property Of the said defendants
Depopent further saith that he never purchased OF
ACRE ed TO purchase or had any negotiation with the
said Lowber to purchase the said property but di.
tincty informed him that he would not purchase H.
That be received any deed therefor Tor the Cor
poration ofthe City Of NewYor the def ndants;
That the Counsel to the Corporation never farnlsneG
to this oeponent any certificate as TO the title taereoi
That since the trial of the cause before the referee
deporeut caused survey Of the ssid properly
to be made by John J. Serer esq., one oi Inc oai,
veyors Of this city, and finds from his report, when
deponert believes TO be correct, that the said peinun
is not the owner Of or seized IN zee o, TOE .adJ
lying east Of Ton pkins street and cooIed pIoWh on
the annexed map. That said deed coud nor, tneIe
fore convey TO the defendants title 10 the saia
ses That deponeDt was not present at the frlsi OF
the said cause before the said referee but the deIens
Of wait OF title to laid premises was not discovered
in time to set the up by way Of plea or answer,
or Cd the trial Of ssid cause. ana dePoIeh! iullel
,.h that, in his opinion by the law OF the land the
Bosrd, Of Aldermen and Ccuncilmen, separately or
oirtly with the Mayor. had no power whatever 10
n4rforu any executive business. He therefore saith
that Wand puTcn6fe 0I uc sdlu nos o.
time been made Deponsnt further saith that the Coun.
sci Of the Corporation DID not inform this deponent
or either Of the two Boards Of the Common Counch,
Of tie raid report Of the ad referee, or OF tne entry
Of the Judgment thereof that the first knowledge ms
d, ponept had of Any such judgment was on or about
the 23d day of July last; that Opponent mas repeat
eoly s1c desired the Counsel - the COOPERATION 10
tale some action 10 .et aside the said judgment, or
be lei IN TO appeal from the report Of the SAID referee
but be bas reused and declined 70 10 do Deponent
saith that be il informed, and believes such lnfOrna-
ton TO be true thct said counsel OF the defendants
adjusted the costs 10 the slid sut by consent wherein
the ref,rees fees and disbursements are made to
amount 10 the sun Of 500 "a, and the whole costs
70 1856 o. that deponept has reason to and does
believe that ell the information Of the entry
of s'd e CITY g6sm'1s to T prevent papsi appear S
tbertfrom on behalf OF the defendants. Depo-
rent further saith that there was not ct the tine
of the passoge Of said resolution, Inappropriate
funds Of the said defendants sufficient u pay the said
sum AIMED in the said resolutions nor has there been
~ s1y time since is there now; that at the last
session If the Legislature Of this State they omitted
10 psss any law although one was pressed upon ther
ch,idestob TO enable this city " raise the funds i0r
the purchase of the sad property, by the issuing OF
stock TO be called the Market Stock Aud ibis dePo-
lent further says that be is informed ana 3eieves
such information 10 be true, that the SAID Robert W.
Lowher IT. no. able to respond 10 the defendants upon
the failure Of title to sad propery and that although
there may be covenant Of title and Of warranty IN
the deed prepared il would be impradent aud
baZ6f0Oue in me elITcibt W pay eD lASc
80 doubtful title, upon mere naked wsrrantee OF
title. DepoIent further sal h that DO at: tract of tie
to said properly has been furnished bim by the Coun-
sci to the Corporation or By any other person, nor Is
he sati.fed that the Counsel 10 the Corporation has
ever examined the same
And deponept further saith that he is advised by
James II. Whiting, esq OF the City OF New-fork his
counsel TO whom he has fully and fairly stated the
case in tlis action ard believes true, that the said de-
PENDANTS have good and substantial defense to tae
said action upon the merits; and such defense consists
in part upon the want Of title in the said plaintiff to
large part Of the property for which the recovery was
had And he is advised by his said counsel that,
inssmuch the faid failure of title has besa
discovered since the trial OF said cause, 1t ID good
ground for setting aside the sad Judgment, ana Tor
allowing an endment Of the defendants answer 10
enable them to nte1pose such defense upon retr1a
Of said action.
And deporent further says that he is citizen and
Taxpayer in the said City OF New-York.
sworn before me shi. 18th day of August 1851.
IA copyl. A. S. CADY, Commissioner Of Deeds.
SUPREME COURT.
Robert Lo"b'r y IT,. The M,So Ads1sn and c0m"0ny
CITY and Comfy Of New. York, ss.-John j. Serrel
Of the City Of New.YOrk, being duly affirmed, de-
poses, aud says-That he has been for twenty years
last past and now is, Of the City Surveyors Of
said City of Nev-York that the map attached hereto
il correct survey map Of the block Of land bounded
by Sixteenth street Seventeenth street and the lines
of those streets extended eastwaTdy ana by Avenue
G. and the present bulkhead fronting, on the
East River; that the survey from which said
man was drawn was made on the llth day of
May 1857, for aid at the request OF Azanah =.
Flssg, Controller of the City Of New-ferk, for
the purpose Of exhibiting on said map, correctly,
the lar proposed to be conveyed by Robert W. Low
Der TO The Mayor Aldermen and Commonalty OF the
City of NewYork; that the lines Of T0mPkins street,
as laid down on said map, are in strict conformity with
the lines referred 10 in the act of the Legislature,
parsed April Is, 1876, and with the exterior line OF
the grant for sell under water mede by the Mayor,
Aldermen and Commenalty of the City OF New-York
-Ik l.,,A hat,-n
to Hezekiah Bradford that all the lano between Ok,
teenth etreet and Seventeenth street and Avenue
and the East River which was so granted to SAID Brad
ford ana not reserved for public streets as designated
on said map by pink color that the property or iand
lately filed up between Tompkns street and me Eas'
River and the lines of Sixteenth street and Seven
teepth street extended, and designated by brown
color on said map, has not, to the kpo Wedge or De
lief of this deponent being granted by Inc people VI
the State of New.York to the said Mayor, Aldermen
and Commonalty, or any other corporation or person
nor to the knowledge of this deponent has authority
from said Legislature been granted to any person or
persons to FL up and make said land designated by
brown color nor ave the said Mayor, Aldermen and
Commonalty to the knowledge or belief OF this depo-
nent made any grant Of land under water, embracing
any part Of said land designated by brown coor ana
this depopeH further that for msny years past 40
sa,ure of this State in relation to lands under water
around the island of New.York, and also with
the grants made by the said Mayor, Alder
men and Commenalty, and would be likely TO
know Of any such grants, If the same had
been made and this deponen further saith that from
information, knowledge and belief he is satisfied that
the title to said land designated by brown color Oh
said map is yet vested in the people OF the Sta:e OF
New.Yoik; and also that the whole OF said land so
designated by brown color is outside and to the cast
ward of the bukhead line, lue of s.ld filling, es-
tabished for that part Of the City OF New:YOrk by
an act Of the Legislature of the State OF New-iork
to establish bukhead and pier lines for the port OF
New-York," passed April IL. 1857; and this deponeAt
further saith that TO the best of his knowledge nior
nation and belief, the lands colored with pink and
brown colors and the land lying between said colos,
designated as Tompkins street on said map, com
prises the land which sad Robert w. Lowber CLAIMS