New-York daily tribune., 1858-08-03

ercs ~ ety ehtrs Asc v-o is co, s,ck "a ,a.srt a
msirtsr TIE risrt- snf i1.srss.s OF IA, C-,,~,f',
-sy- iu he report g. the Common CourciI ,,s., 80
Oi February q, lsJt " Ia toe couf-s of A.. a..
yesr or I've. lsGd sss besu gSsse from tas Ma,
River by nstruct.-g bukassi from pier M - :,
per No. - be.Wess Noscy and Dey s,rse.. asa
covering ops scrs. eQusl D % fall lo',. m,, u
ths lsEo, including Wsshingtoa mNket. hss bsso
Pre- pared by Jobs y Seuel. The laoi Is sctifsiy
ou;s.ce o; West street, vtIck AZ fAr pois - "a,
rrflrf0r re OF ke 100 ft grdri 20 re C,-v,-atss
u re ctCrfer cf l7 usus.ly csled the ,a,g ,rsr,
grsrt. Tie bed Of the riysr beyond .As Lac u
TIA, street o. the ;CO fee; embraced II .as eh0
ier belergs to the people Of the State OF New YcSk,
ard bsioie tie lard Is soli selc1 be hsd rscsn-
merGee % bs repOrl or any ersclo0s msis oc y, It
aeNisae!e % have the t.;ls settled oy 81 So Of sae
LIE Us sturr."
1t wcr.d appear from the sfhisy.t OF Mr.. Ms, that
toe iieseit Mayo. OF tie city enter.aas snlA opa-
ors as to the title of the S,ate
Ibe title 10 thel premises in question would sssr,
ter to be free Of al co1bI IN the people OF tols State
Il has been so decided by the highest Court Of the
State recognized by the chief oc srs OF ths Oor.
pCra,ion, and particularly the Controller whose g.
peoia duty is 10 look ater the property OF ths Coz
pors.ion. |. s sverred IN the complaints, snd I
have locked IN In the pspsrs pu; 10 oppose tae
motion tor any oeua Of the title OF the State say
ayeimerts that the title is in the Corporation.
As 20 tie appointment Of receiver, tbs Court. oy
section 2ii, subdivision l. of the Code, Is autsor,eA
10 appoint receiver, before judgment, on the apPcs-
ton OF either party where he establishes sn apparent
right 10 the property which the subject Of the setsc
ard which is IN the Possession Of the adverse party,
and the property OF It's rents and profits are dsassc
Of beng lost, or materially hiured or impsireI.
Edwards, in his able work receivers edition OF
IS}7, p. ISL Gays: "What is here meant by essAb-
fishing sppsrent right ia not very clear, vnsa
corrected with an action before Judgmsot. II Il
probable the pse Of the wel.krown term prims fsos
.ht what is intended and ought to have been ths
phrase. .,, -, ,,...r A.,
established an apparent prima faeie right to the
property the subject of the action. 1t would seeu -
be well settled where Il right Is clear snd the party
in possession has no legal tide TO appoint receiver
the st instance. Such v& the case OF STU wes Az:
wilkins o Mad {. r., i9 and 90 sppeA TO Lasd
Eldop, he sfirmed the appointment. Tns case q
Lancanshire sgt. Lsucspshe q Beavers 1901, Is "a
authority for the posltioo that when the legal ttis -
In Fnse sgt. Blake Mobrey, SOY. receiver vas sp-
pointed to take the possessou OF property from tue
ber at law at the instance Of party claimirS -
deyisee in trust under will Iu that case the Court
was satisfied upon the merits that the heir WAS shut
out from the int ertsnce and therefore trespssssr
In Cobb sgt o Neill q Md. Ch. Dec. IN, tbs
Charceor Gays, in case somewhat analogous ID shis;
This is not case therefore, where receiver u pig
upon property sgsipst the legal title; but oAse
in which the plaintiff shows an equitable title to PAt
Of the property and legal and equitable uas to
another part in which the defendant, upon the csss
as notc stands mskes out no title, legal or equtA-
BILE, and in which the preservation Of the properly
requires that 1t should be taken under the coatrol VI
the Court
In that case, a. in this, there were large number
Of tenants of tho property 10 dispute and htsstioa
with them was anticipated.
Upon that principle, therefore, this Couit would BE
justified in granting the motion for the appointment OF
receiver but, under the Code. tue authority OK
pressy aiyer, when the plaintiff as in THIS case %
tablshes apparent right TO the property n coetre-
versy and the property and n rents and prohs are u
danger of being lost materially injured or impaired,
10 appoint receiver. -
In the present case, 1t IS aveHed, ana not ueoeo'
IL. H. hA Al "a
feI dants other than the Corporstion thai maay %
them are irresponsible and live out OF the state and
it is quite apparent to mo that up 20 sns umo .,
ut of this suit the City actually received
if any but small portion VI the rem actually sooru
irg from the premises. think cannot regard waes
has been done by the Mayor and Controller since this
suit was instituted 10 insure more faithful colsotioo
of these rents and apple sti0n and payment Of then
to the Corporation, however commendabie, ~ "a
answer to this apple son. Before this suit vas 10 ~
tued IL undeniabe that the rents and profits OF The
premises Lost certainly greatly injured or iu-
pared Ard I cannot resist the conviction thst -
attempt at the collection Of the same BY the defead-
anti the Corporation, under the circumstances, must
greatly impair and uJare them, It does not result -
q considerable loss.
The chief officer Of the city and its chief fnsnosi
officer have united in ths opinion that the Corporskoa
have no title to these premises and IN that view shs
Count corcurs. With this known aud authentic dec
aration of want Of title in the Corporation, II not
TO be supposed that these tenants, the other do
eDdsnts, will voluntarily and willingly pay thek ronts
10 the Corporation or sgents when its chief icsrs
declare that they have no legal right 20 receive thsm
On the contrary they will withhold them-uga at,oa
must eLeue-and If they are not IN danger OF eeay
wholly lost to tie city the State, or the lsssess OF
the latter, they must be to some extent greatly nured
ard impaired.
receiver uEites in himself the title Of the State Of
the Corporation and of the essees of the St.ts sad to
hm.the tenants must psy the rents without demur Or
lock to any Of the parties in interest
II is go clearly for the interests OF a concerned that
a he nted IN holt ma n ind fo~
tie party ultimately sdudged entitled TO them THAI
entertain no doubt of my duty in the premises The
berg novel ard important, have consulted with
two Of my colleagues Of this Judicial district, whe
concur with me in the results at which have e.
rived
An order will therefore be entered appointing Cyrus
Curtss, esq receiver Of the rents and prohS OF the
premises-the subjects II this action-wth authority
To let the same from time ~ time not over six m0aths.
AID to collect the rents Of said premises which have
accrued sirce the commencement Of this suit that
tho defendants and all persons In possession OF sAd
premises under them, sttorn to said receiyer and thai
he be let into the Possession thereof that ssd recsivd
give bonds for the faithful performance OF his duties.
with two suretes u the sum of so 0OO and that he
depost all money received by hun from time 10 tins.
whe never the amount shall equal the sum Of t5,WD.
with the United States Trust Company.
COURT or GENERAL sEsslONs-ACs. 2-Befos Re-
The August term OF this Court commenced to dsy,
before Recorder Barnard. There was no Grand Jsry.
The tnal Of Stephen II. Branch for hbels on Mayer
Tiemenn, Peter Cooper and others, WAS postponed ta
tomorrow. The boy, Leroy R4her, was ssntsnosd
by Judge Russell to imprisonment IN the state prsoc
for the tenn Of his natural fs 1t will be rsmsmbsfse
ths. be pleaded guilty 70 msnslsugher In 'as hs 10
gree, in killing the boy Mccarthy.
BROOKLYN I2,EK8
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