New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-26

street and ToDpkins street as the exterior lines along
the river from Grand street to Twentythird street. In
1926, upon the request Of the Corporation, the
Legislature Of the Sta.e--te only poper which
can establish and alter lines along gable eaters
-conRmed the line of TOmpkins street, as laid
down in the map printed herewith. AT that period
all that region was under water and the water-lots
and lands between Tompkins street and the natural
shore were granted to the adjoining owners by due
process Of law.
To show how distinctly all grants and rights whatso
ever were restricted within the line of Tompkins
street. we turn to the records Of the Superior Court Of
this city, January February, March and April, 1854,
where we find two cases in point, viz: Eiphalet Mott
(of whom Lowber obtained such title he has
against the City and others, and Belmont Griffin ct
al. against Mott, Lowber and the City. These suits
decided the titles descended from the Stuyvesans so
concusvely thai. without further statement, We pro-
coed to quote from the opinion Of the Court prepared
and delivered by Judge Murray Hoffman:
VI. The last subject of consideration was the effect
of the act of the Legislature of the 18th day Of May,
1885, upon the questions in the case end the rights OF
the parties.
twill be noticed that the complaint in the suit Of
Mott We. Thayer Others sets forth, that Thsyer
and Fagg had applied for grant Of land under water
which reaches TO Avenue ID, as laid down on the map
made under the order of Feb, 1854 and which COM
prises land running further into the river than the
terror line Of Tompkns street; that the proper commit
tee about to report in favor OF such grant and
the Corporation state in their answer that they are
advised these defendants entitled to such grant
These defendants insist upon their right to these four
parcels.
On the other side, the plaintiff Mott asks in his com.
plant that he be declared entitled to the grants Of
these parcels whenever made by the Corporation and
that Thayer l. Flagg be prohibited from receiving
them.
So it appears that grant for considerable parcel
haa haa pvsn rod n
proved by counsel to be given to Campbell g. Moody
extending from 18th to goth street, and from the east
ely side of Tompkins street to the eastery side OF
Avenue D. but the Controller has refused to deliver
it, and further that the Gas Light Company have re-
eeived grant Of parcel opposite their premises, be-
tween Dist ard 22d streets also extending to the cast
ward Of Tompkins street.
The Counsel of the Corporation LRobt. j. Dillon,
upon the trial has submitted these questions to the
Court; asking however, as understand him, that the
operation of the act of 1885 should be adudcated and
he has suggested doubt whether that act does really
confer any right of SOIL or power TO convey any ercn
right, upon the Corporation
II is clear, upon the principles / have previously
stated that as between the plaintiff Mott and these de-
PENDANTS the latter could have no night TO any OF the
parcels except the most nothery triangular strip Ih
hRe Of TomPkins street beng tie aep base upon rhtch
rights further grants should be ddudged aud the
lines then regulated by the Streets it is obvious that
the plaintiff Mott would be entitled to the parcels with
the exception noticed. Aud again. Francis Grifn's
estate is the owner on Tompkns street of the strip
between 18th and 10Th streets, acquired ss early as
1916 and lSiS that estate would be entitled 70 the tI
angular northerly piece before mentioned
But after much consideration, l an unable 10 sec
hoT The Cooperation has any porer TO make a raid
grant of land andcr tea,er beyond The limit Of Temp
Sins street. l cannot therefore adudge either thst
the Corporation be at liberty 10 consummate the grant
TO Thayer and Fagg, rjudicialy to pronounce in "a
vor of the demand Of the plaintiff Mott My views
and reasons are these
On the 18th day of November 1882 Benjamin
Wright, the Street Commissioner made report 70 the
Common Council Of plan for the permanent regul,.
ton OF that part Of the city lying between Fourteenth
and Twenty third streets the Third avenue and the
East River. Document No. 81, Board of Assist,
vol. ? p. 22Sl This report read in evidence and
il states the line of bukhead the line to be fixed
southwardy down to Fifteenth street thence eastward
ly along Fifteenth street to Tompkins street. and
thence along Tompkins street before established
This line Is described running along the edge of the
Eats; ard it is particularly laid down on the msp
marked G, made under the order Of Feb. IS, 1854
1t was, with uhing exception, Inside OF Tompkins
ttreet.
On the 9Th of February, 1888, resolution. which
had passed both Boards was approved by the Mayor,
resolving that the plan recommended by the Street
Commissioner under date Of Nov. IL, 1882, define
ated on map accompanying such report be adopted
whenever the parties holding water grants between
fifteenth and Twenty fifth streets shall enter into legal
cove nants in relation to their suenderns their pres.
emit grants which are bounded By Tcnpkns street. and