Halsey v. . McCormick
New York Court of Appeals
Appeal from the Supreme Court. This was an action against Jacob McCormick, to recover a small piece of land in the village of Ithaca, lying between what was formerly the north bank of Six Mile creek and the present centre of that creek. The lot of the plaintiff, which, as he claims, covers the land in dispute, is described in a conveyance to one Bennett, under whom he holds, as running “ south from the turnpike to the bank of Six Mile creek.”
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Appeal from the Supreme Court. This was an action against Jacob McCormick, to recover a small piece of land in the village of Ithaca, lying between what was formerly the north bank of Six Mile creek and the present centre of that creek. The lot of the plaintiff, which, as he claims, covers the land in dispute, is described in a conveyance to one Bennett, under whom he holds, as running “ south from the turnpike to the bank of Six Mile creek.” Bennett was also the grantor of Jacob" McCormick, to whom, subsequently to the deed under which the plaintiff derives title, he conveyed a parcel of…
1Opinion of the CourtPratt, J.
It was settled by this court, when this cause was before it upon a former occasion, that the plaintiff’s south line did not originally extend to the-centre of the creek, but only to the line of low water on the north bank. Assuming this to be settled, the plaintiff does not claim that as the creek originally ran, the land in dispute was embraced within the boundaries of his lot. But if I understand it, lie claims that the land in dispute is alluvion, and he is entitled to it as a riparian owner. But to acquire title to land as alluvion, it is necessary that its increase should be…
2Cited by19 opinions
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Mulry v. . NortonNew York Court of Appeals · 1885
- Fowler v. WoodSupreme Court of Kansas · 1906
- Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
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