Legal Opinion

Child v. . Chappell

New York Court of Appeals

Decided December 5, 1853PublishedCited by 40 opinions

This was an action of ejectment, commenced in the supreme court in the year 1845. The plaintiff claimed to recover a wharf, about seven feet wide by about forty feet in length, lying on the east side of a basin of the Erie canal at Rochester, and in front of a flour mill belonging to the defendant, situated upon a certain mill-seat lot number five, and also to recover an undivided half of the land' under water constituting that part of the basin in front of said lot number…

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This was an action of ejectment, commenced in the supreme court in the year 1845. The plaintiff claimed to recover a wharf, about seven feet wide by about forty feet in length, lying on the east side of a basin of the Erie canal at Rochester, and in front of a flour mill belonging to the defendant, situated upon a certain mill-seat lot number five, and also to recover an undivided half of the land' under water constituting that part of the basin in front of said lot number five. The cause was tried in September, 1845, before N. Daytoií, late circuit judge. In opening the case the plaintiff’s…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] To render a party liable to an action of ejectment, he must be the…

2Cases cited4 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  3. Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Jackson v. MayNew York Supreme Court · 1819

3Cited by40 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Woodhull v. . RosenthalNew York Court of Appeals · 1875
  3. Palmer v. . PalmerNew York Court of Appeals · 1896
  4. Burbank v. . FayNew York Court of Appeals · 1875
  5. Niles v. City of Los AngelesCalifornia Supreme Court · 1899

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