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UNITED STATES v. BENEDICT

No. 394.

261 U.S. 294 (1923)

43 S.Ct. 357

67 L.Ed. 662

UNITED STATES AND CITY OF NEW YORK v. BENEDICT, SOLE SURVIVING TRUSTEE OF LANGLEY.

Supreme Court of United States.

Decided March 5, 1923.

Attorney(s) appearing for the Case

Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck was on the brief, for the United States.

Mr. Charles J. Nehrbas, with whom Mr. Edward J. Kenney, Jr., was on the brief, for the City of New York, plaintiff in error.

Mr. Royal E.T. Riggs, with whom Mr. William H. Seibert was on the brief, for defendant in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Relying upon the Lever Act — 40 Stat. 276, 279 — the United States took possession of certain land along New York Bay, April 6, 1918, and, as surviving trustee under the will of Langley, defendant in error Benedict instituted this proceeding to recover its value. The tract had been platted into blocks and trustees holding the title had undertaken to...

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