Hewlett v. D. & S. Cock
New York Supreme Court
This was an action of ejectment, tried at the Queens circuit, May, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The premises in question are low lands lying on the west side of a stream in the town of Oyster-bay, in the county of Queens, called Shew, or Beaver Brook, which are overflowed by the waters of a mill-pond of the defendants, who own a mill, situate on the east side of the brook, lower down the stream than the lands of the plaintiff.
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This was an action of ejectment, tried at the Queens circuit, May, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The premises in question are low lands lying on the west side of a stream in the town of Oyster-bay, in the county of Queens, called Shew, or Beaver Brook, which are overflowed by the waters of a mill-pond of the defendants, who own a mill, situate on the east side of the brook, lower down the stream than the lands of the plaintiff. Nicholas Lang, in 1716, was the owner of the premises, from whom the plaintiff deduced title to himself, and offered in evidence a…
1Opinion of the Court
By the Court,
Nelson, J.
In endeavoring to establish his right to.recover,the plaintiff offered in evidence the counterpart of a lease, bearing date the 24th October, 1722, purport? ing to be made by Nicholas Lang, to Wright Frost and William Frost, from whom it. was alleged the defendants derived title to the farm they occupied adjoining the plaintiff’s This lease expired on the death of Lang, which took place about 1731 The effect of it upon the rights of the parties, if in proof, is not now to be examined, as the evidence on the part of the plaintiff had not closed when it was rejected, and…
2Cited by26 opinions
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Freedman v. . OppenheimNew York Court of Appeals · 1907
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