Smith v. . Bartlett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A conveyance of property bounded by a street or by a stream carries title to the center, when the grantor owns so far.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A conveyance of property bounded by a street or by a stream carries title to the center, when the grantor owns so far. (2 Devlin on Deeds [2d ed.], § 1028a; Gould on Waters [3d ed.], § 195; Farnham on Waters, 2523, 2624, § 859; Low v. Tibbitts, 72 Me. 92; Lapish v. Bangor…
1Opinion of the CourtHaight, J.
This action was brought to determine the ownership of the lands under water of the west half of Connecticut or Carman’s river on Long Island. The plaintiffs are the owners of the upland on the east side of the river and the defendant.is the oivner of that abutting upon the lands in dispute upon the west side of the river. The property in question is a portion of the land included in the patent to Colonel William Smith from Colonial Governor Fletcher, dated October 9, 1693, which conveyed to him a large tract of land on both sides of Long Island in the town of Brookhaven, including that under…
2Cases cited5 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- Oakes v. De LanceyNew York Supreme Court · 1893
3Cited by21 opinions
- White v. Knickerbocker Ice Co.New York Court of Appeals · 1930
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1905
- Matter of City of N.Y. (W. 10th St. R. Corp.)New York Court of Appeals · 1931
- People ex rel. Harlem River & Port Chester Railroad v. State Board of Tax CommissionersNew York Court of Appeals · 1915
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
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