Sisson v. . Cummings
New York Court of Appeals
Appeal by defendants, Cecelia and James Gumming, from judgment of tlxe General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal by defendants, Cecelia and James Gumming, from judgment of tlxe General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. (Reported below, 35 Hun, 22.) This was an action of ejectment, to recover possession of a strip of land, adjacent to and above low-water mark of the St. Lawrence river and lying south-west of and adjoining premises of the defendants. The material facts are stated in the opinion.
1Opinion of the CourtAndrews, J.
We deem it unnecessary to decide the interesting question argued at the bar, respecting the construction of-a grant by the State of lands bordering on the river St.. Lawrence above the ebb and how of the tide, which bounds the granted premises by the margin or shore of the rivei, and. whether under such a description the title of the grantee extends to the margin of the water at its low stage, or only to high-water mark. The judgment against the infant defendants, who are the only appellants here, must be reversed upon a preliminary question. Assuming that the plan tiffs’ title under the…
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