Starr v. Child
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The action was ejectment for all that part of mill seat lot number 12 in Rochester, lying between a line 50 feet distant from the westerly line of the lot and the centre of the Genesee river. It was originally tried at the Monroe circuit, in October, 1835, when a verdict was obtained for the plaintiffs. The cause was brought before the supreme court upon a bill of exceptions, and the verdict sustained.
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On error from the supreme court. The action was ejectment for all that part of mill seat lot number 12 in Rochester, lying between a line 50 feet distant from the westerly line of the lot and the centre of the Genesee river. It was originally tried at the Monroe circuit, in October, 1835, when a verdict was obtained for the plaintiffs. The cause was brought before the supreme court upon a bill of exceptions, and the verdict sustained. The statement of the facts appearing on the trial and the reasons of the supreme court will be found in 20 Wend. 149. Upon writ of error to this court the…
1Opinion of the Court
The Chancellor.
When this case was formerly before the court, the plaintiffs sought to recover by virtue of a title supposed to have been derived under a deed from N. Rochester to W. Cobb, for mill lot No. 12. And for the purposes of the trial which then took place, it was admitted by both parties, that the premises in controversy, a part of the alveus or bed of the stream of the Genesee river adjacent to mill lot No. 12, belonged to Carroll, Fitzhugh and Rochester, in August, 1817. The deed to Cobb described the easterly boundary line of the lot as running along the shore of the Genesee…
2Cited by27 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Craig v. . WellsNew York Court of Appeals · 1854
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Halsey v. . McCormickNew York Court of Appeals · 1855
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