13 N.Y.S. 493 | N.Y. Sup. Ct. | 1891
This is an action of ejectment for land at Sing Sing under a grant from the state to plaintiff March 18, 1889. The locus in quo is land under water. Defendant is in possession of part of the premises covered by this grant. Ejectment is, nevertheless, the proper remedy, and, generally speaking, a grant from the state will support the action. The grant is presumptively regular, and creates presumption that the patentee was the owner of the adjacent upland. Defendant alleges that this grant to plaintiff is void, on the ground that it was not the owner of the adjacent upland when it was made. Beuben Quimby was common source of title of both parties, so far as the adjacent upland is concerned. Plaintiff’s title to this upland is from