Mulry v. . Norton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 29 Hun, 660.) The complaint in this action alleged in substance that plaintiff is the owner in fee of certain premises at Far Rockaway, Queens county, upon which there is a hotel; that a portion of the premises are beach lands which plaintiff has let, with covenants of peaceable possession, to tenants who maintain thereon…
1Opinion of the Court
Ruger, Ch. J.
This action involves the title to certain beach lands on the ocean shore at Far Rockaway. No dispute arises over the boundaries of the plot, or the location of the beach, as being included within the description of the deeds under which plaintiff’s grantors formerly occupied the premises, but it is claimed that the earth or sand composing the beach has been so affected by the storms and tides of the ocean that its ownership was lost by the plaintiff’s grantors, and subsequent deposits, made within the same boundaries, were acquired by the owners of Long Beach, an island belonging…
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