Greenspan v. Yaple
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank Yaple and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Sullivan on the 8th day of July, 1921, upon the decision of the court rendered after a trial before the court without a jury at the Sullivan Trial Term, restraining the defendants from entering upon certain lands described in said judgment.
1Opinion of the Court
Van Kirk, J.:
The plaintiffs allege that they are the owners of Sheldrake pond and entitled to its absolute control and possession; that the defendants occupy the John Hannon property, which lies upon the easterly side of the pond, the boundary line of which at the pond is high-water mark; that defendants are using, in violation of plaintiffs’ rights, the waters of the pond for bathing and boating; and ask that the defendants be restrained from so using the pond. The *577plaintiffs (as well as the defendants) are the grantees by mesne conveyances of Henry Cruger, who in 1814 conveyed to Henry D.…
2Cases cited4 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Halsey v. . McCormickNew York Court of Appeals · 1855
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- Commonwealth Water Co. v. BrunnerAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by4 opinions
- Normanoch Association, Inc. v. BaldasannoSupreme Court of New Jersey · 1963
- Combs v. HounshellCourt of Appeals of Kentucky (pre-1976) · 1961
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
- People v. ElliotNew York Court of General Session of the Peace · 1931