Dosoris Pond Co. v. Campbell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward J. Campbell and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 25th day of January, 1897, upon the decision of the court rendered after a trial at the Queens County Special Term.
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Appeal by the defendants, Edward J. Campbell and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 25th day of January, 1897, upon the decision of the court rendered after a trial at the Queens County Special Term. The action was brought to enjoin and restrain the defendants from taking or attempting to take any fish or shell fish from the East Dosoris mill pond, and from keeping or using any boats or implements for fishing and shell fishing on said premises, and from interfering or attempting to interfere…
1Opinion of the Court
*180The following is the opinion of the Special Term :
W. M. Smith, J.:
I think the evidence abundantly sustains the claim of plaintiff that the grant from the crown to Robert Williams, contained in the Hicoll patent of August 1, 1668, embraces the premises in question.
It is equally clear that the Words of the grant are sufficient to convey the lands under water within its limits.
If there was no prior grant of the premises, and the plaintiff proved satisfactorily that it had succeeded tothé title created by the original grant, it is entitled to the relief demanded in this action.
The defendants…
2Cases cited1 opinion
- McRoberts v. . BergmanNew York Court of Appeals · 1892
3Cited by1 opinion
- Stehli v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1924