Luce v. Carley
New York Supreme Court
Error from the Cortland C. P. Carley sued Luce in trespass, for tearing down part of a dam across the Onondaga river, by means of which dam the mill of the plaintiff was supplied with water. The plaintiff was the owner of the land on the west side of the river, and Arnos P. Granger (under whom the defendant acted) the owner of the land on the east side of the river at the place, where the dam butted on the shore.
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Error from the Cortland C. P. Carley sued Luce in trespass, for tearing down part of a dam across the Onondaga river, by means of which dam the mill of the plaintiff was supplied with water. The plaintiff was the owner of the land on the west side of the river, and Arnos P. Granger (under whom the defendant acted) the owner of the land on the east side of the river at the place, where the dam butted on the shore. The river at that point is about ten rods wide, and a portion of the dam destroyed was within thirty feet of the east shore. In 1815 Parley P. Wood, who derived his title from one…
1Opinion of the Court
By the Court,
Cowen, J.
It is impossible to read the bill of exceptions, without at once concurring with the court below, that, independently of the question of adverse possession in the plaintiff, when Granger, the [ *453 ] defendant’s principal, *toolc his deed in 1835, he had a complete title to the soil on the east side of the Onondaga river, usque filum aquee. The deed from the Curreys bounded Barnabas Wood by a stake and maple tree mentioned in the deed as standing on or near the cast bank, the intermediate line running along the river as it winds and turns. It is never thought that monuments…
2Cases cited3 opinions
- Colvin v. BurnetNew York Supreme Court · 1837
- Starr v. ChildNew York Supreme Court · 1838
- Brandter, ex dem. Fitch v. MarshallNew York Supreme Court · 1803
3Cited by4 opinions
- The Seneca Nation of Indians v. . KnightNew York Court of Appeals · 1861
- Carter v. Town of La GrangeTexas Supreme Court · 1884
- Budd v. CollinsSupreme Court of Missouri · 1878
- Seneca Nation of Indians v. KnightNew York Court of Appeals · 1861