New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-26
TEE CANsEYoOHT PROPERTY

| The question in regard to the purchase OF
the Ganseyort property, which, IN one form or
another, has been before the public for the
last eleven years, has been again before the
Supreme Court 1t was brought up on
mandamus to compel the Controller to COM
pcte the purchase. directed by the Common
Council. by accepting n deed and issuing bonds
in payment. That officer, it viii DO recollected,
recently refused to do 80 on the ground that
the tide to the property had not been deter
mined. The price, he admitted, was not e1'
cessiye, and the purpose to which 1t was 10 be
devoted, public market, proper aud desirable;
but the Court of Appeals, having ntinated, in The
case of Roosevelt ngt. Draper and others, that
although Roosevelt had not, tho city might
have ground for action to contest It's title, he,
the Controller, felt that that question must first
be decided before he could complete the pur-
chase The question of title depended, accord
ing to tho opinion incidentally expressed by
Judge DEMO Of the Court OF Appeals, upon
whether a sale To- Simeon Draper, a municipal
officer, was valid, and whether a sale of public
YVES to be paid on the mortgage was good
under the statute.
Ga the hearing before the Supreme Court it
was proved by the atfdavits OF both the actual
grantee of thi, property and Of Mr. S. Draper,
who, it has been alleged, was tao fraudulent
grantee, that Mr. ID. was not the purchaser or
grantee at oil, that he has never held the title,
and really has no interest in the matter. The
following 10 the sworn statement Of Mr. Ora
per:
said cJy being duly depo.es and that Tie ct
aud circumstances ros'tg to bis eonuee,ion win the @ o.
the land the bsnsevoort property by the Iy
Nea York IN tue year lt3! were as follows; ArI tic sale
tina. the purchaser R-uh-a Lovoy and IL pfoposed
that the party for whom the purchae partially
inside found himself troubled 20 MAKO tho cash psyncat
should pay she $40 60 required sn5 become Interested
purchase 70 tho cI.ent Of on.tlifd consented L, do
condition that could eon'ol the property, aud
other, afrrrd that when valid deed given
By the purchaser, from tho Corrorti1o and The ropcr,
conveyed 10 ne wosa pay me saoo y aaa give II, mort
Gsn oi W. to me- 10 psee sf Mr. Lc,roy the pa
chaser and mske the deed directly TO me 1le"uron pid
money so 90. But before al" deed was deyersd To
the question up ss to whether or not the ctycod
legally deed property TO me. In consequence Of my oers
Governor Of the AimsH1u,c. submitted the question
ny couns. aud upon hi. advice did not take ths title aud
silhifew ffou the pu'chs.o. did hot know MI Love
jy be.ore th. purchase was madr by him nor Lad I
ythng TO do with ,ho city authorities or the pai-
chase either directly iEdi ecty and
bfolsh, the Confederation Of 1t only TOW
day. before the purehs.e finally con'nmmaed and
into academia IT, ali in inorestod 10 sad prop
erty nor have any prospective interest therein have
al, time aed the title to II. Tho money $4,000 paid 10y
no A. H. having passed into the CRY treasury inm-o
st-ly b-uS paid could not be refunded to Bot In
lsce Of ihe paid to by Joseph Is. kal
nun ho became the grantee Of said property under ssii
pu rcli 49,. lud the 5000 paa a. Aforesaid by me-
underOod. accepted by tne Controller as the aid
Vsrnunfs payment. ). DRAPER.
sworn De me thi. 2oth day Of February, Is63
IHARIEs H.. OILpEIsLEEyK, COniulisslOAer Of Deeds