Vanderveer Crossings v. Rapalje
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry W. Rapalje and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of March, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Burr, J.:
This action was brought to compel the determination of a claim to real property under chapter-14, title 1, article 5, of the Code of Civil Procedure. Plaintiff alleges that the land which defendant unjustly claims lies between the center line of Vanderveer’s mill pond or Fresh creek and the easterly line thereof. Fresh creek at this point was a tidal creek. It rose some distance north of the premises in question, and emptied into Jamaica bay about a mile to the south. At flood tide the salt water from the bay backed up until the creek was five or six feet deep. At low tide it…
2Cases cited10 opinions
- Lewis v. . HoweNew York Court of Appeals · 1903
- Churchill v. . OnderdonkNew York Court of Appeals · 1874
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Whitman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Merritt v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Helterline v. PeopleNew York Court of Appeals · 1946
- Beisheim v. PeopleNew York Supreme Court · 1942
- Shepard v. KuschNew York Surrogate's Court · 1915
- St. William's Church v. PeopleAppellate Division of the Supreme Court of the State of New York · 1945
- Higbee v. SchwartzNew York Supreme Court · 1945
9 more not listed; retrieve them via the Exa API.