Legal Opinion

Robins v. . Ackerly

New York Court of Appeals

Decided January 16, 1883PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 24 Hun, 499.) This action was for an alleged trespass in entering upon, taking up and injuring oysters planted by plaintiff in North-port harbor, Long Island.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 24 Hun, 499.) This action was for an alleged trespass in entering upon, taking up and injuring oysters planted by plaintiff in North-port harbor, Long Island. Plaintiff claimed under a lease from the town of Huntington of the land under water whereon the oysters were planted. By the terms of the lease the plot of land covered by…

1Opinion of the CourtMiller, J.

This action involves the right of the plaintiff to the use of land under water in Horthport harbor, in the town of Huntington, Suffolk county, for the purposes of an oyster bed. The plaintiff’s title is derived from a lease executed and delivered to him upon the 1st day of Janu- • ary, 1879, from the trustees of the town of Huntington, and the most important question involved is in regard to the legal title of said trustees to the land in question and their right to grant the same for the purposes named in the lease.

The title of the town of Huntington is derived from several patents issued at…

2Cases cited4 opinions

  1. Rogers v. JonesNew York Supreme Court · 1828
  2. Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
  3. Lowndes v. DickersonNew York Supreme Court · 1861
  4. The People v. . Van RensselaerNew York Court of Appeals · 1853

3Cited by17 opinions

  1. Lowndes v. HuntingtonSupreme Court of the United States · 1894
  2. People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
  3. People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
  4. Knapp v. FasbenderNew York Court of Appeals · 1956
  5. Carter v. Territory of HawaiiHawaii Supreme Court · 1902

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