Spring v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry T. Conklin and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Suffolk on the 29th day of November, 1915, upon the verdict of a jury rendered by direction of the court after the complaint had beep dismissed as against one of the defendants, and also from an order entered in said clerk’s office on the 1st day of December, 1915, denying defendants’ motion for a new…
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Appeal by the defendants, Harry T. Conklin and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Suffolk on the 29th day of November, 1915, upon the verdict of a jury rendered by direction of the court after the complaint had beep dismissed as against one of the defendants, and also from an order entered in said clerk’s office on the 1st day of December, 1915, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The defendants in this ejectment suit appeal from a judgment upon the verdict against them. They maintained certain structures on the ocean shore of plaintiffs’ lands in the town of East Hampton. These lands were conveyed in 1881 by the trustees of that town to plaintiffs’ predecessor. The defendants assert their rights as inhabitants of the town perforce of a reservation in the said conveyance that reads as follows: “And reserving from the sale of said tract the right of the inhabitants of the Town of East Hampton to fish upon the shore, to cart, spread nets, leave their boats,…
2Cases cited3 opinions
- Cortelyou v. Van BrundtNew York Supreme Court · 1807
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
- Weeks v. DominyAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Herrin v. SutherlandMontana Supreme Court · 1925
- Wechsler v. PeopleAppellate Division of the Supreme Court of the State of New York · 1989