People v. Mould
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, Horatio D. Mould, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 22d day of September, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Columbia Trial Term.
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Appeal by the defendant-, Horatio D. Mould, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 22d day of September, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Columbia Trial Term. This action was brought by the plaintiff to compel the defendant to remove a wharf constructed by him on the easterly side of the Hudson river at Germantown in Columbia county, extending" between high-water mark and the navigable part of the stream in front of his uplands, on the…
1Opinion of the Court
Putnam, J.:
The defendant has constructed his wharf in the Hudson river, between high-water mark and the navigable part of the stream, without having obtained a grant from the Commissioners of the Land Office of a portion of the land under water on which the structure is placed. It is conceded that the title of lands under the tide water of the Hudson river is vested in the State as trustee of a public trust, and that the defendant’s ownership of the uplands adjoining the slip in question gave him no title to the land under water in front of his premises. (People v. N. Y. & S. I. F. Co., 68 N.…
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