New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-08
DECISION CONFIRMS
TORRENS METHOD
Halves Says Titles Can
Now Be Quickly
Registered.
VICTORY WON
BY JUDGE LYNN
Outcome of Case Affects All
Deeds Under Old Grant,
It's Said.

Owing TO the successful legal battle
waged by Judge Wauhopc LYNN to reg
ister his title to three islands IN Ja-
maica Bay. Gilbert Ray Halves says
that titles can hereafter be registered
under the Torrens law expedtiously
and economically. He says this is the
first time that judgment in a con-
tested Torrens registration action has
been affirmed on appeal and the pro-
ccdurc under the Torrcns law Is now
settled.
Mr.. HAYES was counsel for Judge
LINN in the case in question. He also
reports that he has succeeded IN es-
tablishing title for two of his clients,
namely. Charles Crabbe and the jamie
son a. Bond Co. 30 lands under water
/ IN Jamaica Bay. "a far out as low water
mark, and is now registering a similar
! title for Mr.. Munich and the Boetcher
heirs. For many years II has been a
disputed question, as to these lands I'M
der water in Jamaica Bay. and the At
torney General has fought hard TO re-
strict the Rockaway Beach property
( owners TO high water. But according
, 10 the decision Of the Appellate Divi-
| son, il may now be considered definite
| ly settled that under the old Colonial
grant Of Gov. Dongan to Capt John
Palmer in 1858, all Of the sandy PENN
sula, known as Rockaway Beach, was
conveyed. extending from low water
mark in Jamaica Bay TO low water mark
in the Atlantic Ocean.
Judge Lynn sought in his action to
register title 10 three certain islands
in Jamaica Bay. situated near Rufile
Bar and known respectively as Old
Squaw Marsh, Big Fishkill Marsh and
Sails Point IIassock. He purchased
the islands from the State in 1893.
The registration action was strenu
ously opposed by Ludwig Klee and 9TH
crs. fishermen and oystermen who were
squatters on the islands. claiming title
b. adverse possession. and also by Ezra
u. Bushnell and Edward +. Linton, who
claimed title through a grant from the
Town Of Flatlands. and also by the City
Of New York. which claimed that these
islands were all lands under water. and
that therefore the state had no right
or power to sell or dispose Of same.
Many technical objections as % prac-
'ice and procedure were interposed,
which were successfully resisted by
plaintiff. and after a long and holly
contested trial, at which many wit
neSseS testified and numerous exhibits
were introduced, including maps. sur
veys. grants, deeds, old records Of the
Town Of Flatlands, photographs. etc,
Justice Scuddcr, at Special Term of the
Supreme Court. rendered decision in
favor Of plaintiff and against all the
contesting defendants and iinal judg-
ment and decree of registration was
duly entered on the 25th day of June,
1914.
The defendants, City of New York
and Edward F. Linton. appealed 70 the
Appellate Division, which has just
handed down a decision unanimously
affirming the judgment of the court be
low and sustaining every contention Of
plaintiff Some idea of the magnitude
Of the work involved may be derived
from the fact that the record on APP
peal consisted Of 800 printed pages.
exclusive of a number of insertions
such as maps. diagrams. surveys and
photographs thus constituting a bulky
volume