Legal Opinion

People Ex Rel. Burnham v. . Jones

New York Court of Appeals

Decided March 5, 1889PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1884, which reversed a. determination of the commissioners of the land office directing the issuing .to the Bartholomay Brewing Company of Rochester, BT. Y., of letters-patent for certain land under water, which determination was brought up for review by certiorari. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1884, which reversed a. determination of the commissioners of the land office directing the issuing .to the Bartholomay Brewing Company of Rochester, BT. Y., of letters-patent for certain land under water, which determination was brought up for review by certiorari. The material facts are stated in the opinion. The order of the General Term, reversing the resolution of the commissioners of the land office, and denying the application of the Bartholomay Brewing…

1Opinion of the Court

Ruger, Ch. J.

The principal question in this ease relates to the riparian proprietorship, of a strip of land extending about one hundred feet along the south shore of Lake Ontario, at the village of Charlotte in Monroe county. The question arose over an application to the commissioners of the land office, for a grant from the state, of land under water in front of said premises made by the Bartholomay Brewing Company of Bochester, claiming to be the owners of the uplands adjoining the lake. This claim was contested before the commissioners by one Charles GL Burnham, who also claimed title…

2Cases cited12 opinions

  1. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  2. Smith v. . City of RochesterNew York Court of Appeals · 1883
  3. Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
  5. Starr v. Trustees of RochesterNew York Supreme Court · 1831

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3Cited by25 opinions

  1. Gouverneur v. National Ice Co.New York Court of Appeals · 1892
  2. City of Miami v. Florida East Coast Railway Co.Supreme Court of Florida · 1920
  3. Stewart v. . TurneyNew York Court of Appeals · 1923
  4. State v. KorrerSupreme Court of Minnesota · 1914
  5. State Ex Rel. Buckson v. Pennsylvania RailroadSuperior Court of Delaware · 1967

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