Farrer v. Piecuch

— Judgment affirmed, with costs. Memorandum: Respondents and their predecessors for many years have enjoyed peaceable possession of the filled-in land lying between the road, known as Schnackel Drive, and the present shoreline. That being true, respondents need not prove title to maintain this action founded on trespass. The appellants show no better title, and their trespass cannot be justified upon the weakness of respondents’ title. (Beardslee v. New Berlin Light & Power Co., 207 N. Y. 34.) While we hold that respondents may main*1012tain this action in trespass, we do not pass upon or…