Cook v. . McClure
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 2 U. T. S. C. [T. & C.], 434.) This was an action of ejectment, brought to recover a small strip of land in Springville, Cattaraugus county, in the possession of the defendant, and upon which he had erected and maintained for some years a building, used for a store-house.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 2 U. T. S. C. [T. & C.], 434.) This was an action of ejectment, brought to recover a small strip of land in Springville, Cattaraugus county, in the possession of the defendant, and upon which he had erected and maintained for some years a building, used for a store-house. The claim of the plaintiff was. that the strip of land was formerly covered with the water of a mill pond, caused by the back flow of the water…
1Opinion of the CourtGrover, J.
The only questions in this case were upon the two exceptions taken by the appellant to the charge to the jury. The judge charged, that where a man’s line is a stream of water, if natural causes added to the soil by accretion the soil thus added belonged to the owner of the bank or shore. To this the appellant excepted. He further charged, that if such natural accretion took place where the boundary line was a pond such accretion belonged "to the adjacent owner when the accretion was deposited.
The first proposition charged it is scarcely necessary to discuss, as the question involved in the…
2Cases cited1 opinion
- Halsey v. . McCormickNew York Court of Appeals · 1858
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