182 A.D. 212 | N.Y. App. Div. | 1918
The defendant demurred to the complaint and each party moved for judgment, but it was ordered for defendant. The action is to vacate certain letters patent issued by the State to several corporations, to wit, June 30, 1868, to the Long Island Sugar Refinery, Exhibit A; June 30, 1868, to John G. Williams, Exhibit B; May 7, 1869, to Lur Wintjen, Exhibit, C; October 21, 1875, to Frederick C. Havemeyer, Exhibit D; October 21, 1875, to Frederick C. Havemeyer, Exhibit E;' October 21, 1875, to Frederick C. Havemeyer, Exhibit F; December 28, 1883, to Brooklyn Sugar Refining Company, Exhibit G; May 6, 1884, to Frederick C. Havemeyer, Exhibit H. The first three severally declare that the grant is “ for the purpose of promoting the Commerce of our said State or for the beneficial enjoyment by the adjacent owner, and. for no other object or purpose whatsoever, and with the reservations and upon the conditions hereinafter mentioned.”'' After the description of land under water, there follows in Exhibit A: “ Excepting and Reserving to all and every tho, said People, the full and free right, liberty and privilege of entering upon and using all and every part of the above"1 described premises, in as ample a manner as they might have done had this power and authority not been given, until the same shall have been actually appropriated and applied to the purposes of Commerce, or for the beneficial enjoyment of the same by the adjacent owner by erecting a Dock or Docks thereon. And these presents are upon the express condition that if the said ‘ The Long Island Sugar Refinery ’ or assigns shall not within-years from the date hereof actually appropriate and apply the above described premises
I The orders should be affirmed, with ten dollars costs and j disbursements.
Jenks, P. J., Mills, Rich and Blackmar, JJ., concurred.
Orders affirmed, with ten dollars costs and disbursements.