Child v. Starr
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The action in the court below was ejectment, brought by Starr and others, defendants in error, to recover possession of a certain lot known as u mill-seat-lot No. 12,” situated in the city of Rochester. They re ■ covered judgment; whereupon' the adverse parties brought error. The facts of the case, together with the reasons of the court below for the judgment there rendered, are stated in 20 Wend. 149 et seq.
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On error from the supreme court. The action in the court below was ejectment, brought by Starr and others, defendants in error, to recover possession of a certain lot known as u mill-seat-lot No. 12,” situated in the city of Rochester. They re ■ covered judgment; whereupon' the adverse parties brought error. The facts of the case, together with the reasons of the court below for the judgment there rendered, are stated in 20 Wend. 149 et seq. No doubt the proprietor of land situated on a fresh water river is presumed to own usque filum aquae. But this is a mere presumption, for one man may own…
1Opinion of the Court
Walworth, Chancellor.
The decision of a majority of this court in the case of The Canal Appraisers v. The People ex rel. Tibbitts, (17 Wend. 590,) although put upon other grounds by some of the members who voted for a reversal of the decision of the supreme court, cast a shade of doubt upon the question whether the common law rule prevailed here as to the construction of conveyances of lands bounded by or upon a river or stream above tide waters. That doubt, however, is probably removed by the recent decision of this court in the *373case of The Commissioners of the Canal Fund v. Kempshall, (26…
2Cases cited5 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
- Warner v. SouthworthSupreme Court of Connecticut · 1827
- Allen v. ThayerMassachusetts Supreme Judicial Court · 1821