Matter of Brookfield
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 1903, which reversed an order of Special Term setting aside a portion of the report of commissioners of appraisal. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 1903, which reversed an order of Special Term setting aside a portion of the report of commissioners of appraisal. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The grants to Josiah Wilcox by the latter’s deeds were simply grants of dry land for the express purpose of being flooded by the waters of Byram pond, and did not carry with them the fee to any part of the bed of the pond. (French v. Carhart, 1 N. Y. 96; Mott v. Mott,…
1Opinion of the CourtHaight, J.
This proceeding was instituted by the commissioner of public works of the city of New York on behalf of the city, under the provisions of chapter 189 of the Laws of 1893, to acquire title to Byram pond, a non-navigable body of water in the town of North Castle, Westchester county, and to the lands surrounding the same. The commissioners of appraisal, appointed in the proceeding, made their report, in which they awarded to the claimant Sarles substantial damages for his lands surrounding the pond, but only awarded him one dollar nominal damages for the bed of the pond. Objection was filed by…
2Cases cited3 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Halsey v. . McCormickNew York Court of Appeals · 1855
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by11 opinions
- Bradley v. . CraneNew York Court of Appeals · 1911
- Ganbaum v. Rockwood Realty Corp.New York Supreme Court · 1970
- Kristel v. SteinbergCity of New York Municipal Court · 1947
- Shephard v. . HortonSupreme Court of North Carolina · 1924
- Knapp v. HughesNew York Court of Appeals · 2012
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