Clark v. Durland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jesse Durland, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Orange on the 12th day of January, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action are the owners, of a farm on the north side of Wickham’s pond (formerly Perry’s pond) in the town of Warwick, county of Orange. The defendant is the owner of a farm on the southwest side of the same pond, and this action is brought for the purpose of restraining the defendant from cutting ice and otherwise trespassing upon the lands covered by the waters of this pond, the plaintiffs claiming to own the said lands. Both parties assert title from the Waywayanda patent, granted to twelve patentees by Queen Anne in 1703, and, as the burden is upon the *314pla…
2Cases cited4 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Jackson ex dem. People v. WendellNew York Supreme Court · 1830
- Deuterman v. GainsborgAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- J. Thompson Manufacturing Co. v. GundersonWisconsin Supreme Court · 1900
- Landon v. ClarkCourt of Appeals for the Second Circuit · 1915
- Landon v. ClarkCourt of Appeals for the Second Circuit · 1917
- Auburn & Syracuse Electric Railroad v. JaeckelNew York Supreme Court · 1922
- Clark v. DurlandAppellate Division of the Supreme Court of the State of New York · 1905
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