New York Court of Chancery August 2, 1836 (Attorney General v. Cohoes Co.)

The Chancellor.

The fact is not denied by the answer, that the embankment in question is a part of the Erie and Champlain canals, and as such belongs to the people of the state. The question is not properly presented in this stage of the suit whether the several matters set up in the .answer by way of avoidance, form any defence to the suit.