Bliss v. Benedict

Headnote

Beal property — title — partition — lands under water upon northerly side of East river, borough of The Bronx — title in city of New York under colonial patents to town of Westchester.

Bliss v. Benedict, 202 App. Div. 115 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 2, 1922, which reversed interlocutory and final judgments entered upon a decision of the court on trial at Special Term in an action for the partition of real property in so far as they determined that the city of New York had no right, title or interest in or to any parts of the lands or lands under water described in the complaint and directed judgment dismissing the complaint as to the city of New York and determining that the defendant the city of New York is seized in fee simple absolute and entitled to the possession of so

much of the property described in the complaint as lies outshore of the line of mean high water. The lands sought to be partitioned were situated on the easterly side of Cornell’s Neck, near Clason Point on the northerly side of the East river between the Bronx river and Westchester creek in the borough of The Bronx and consisted of upland and lands under water. The city claimed title to the lands under water under the colonial patents to the town of Westchester.