Kelly v. Webster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Horace B. Kelly and others, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 29 th day of October, 1910, upon the decision of the court, rendered after a trial at Oswego Special Term, overruling the plaintiffs’ demurrer to the counterclaim set up in the defendant’s amended answer. *
1Opinion of the Court
Robson, J.:
Plaintiffs and defendant are respectively the owners of adjoining parcels of real estate, which both border on the St. Lawrence river. Plaintiffs allege that they are the owners of a wharf built by their predecessors in title upon the water front of their premises, which for more than twenty years they and their predecessors in title have occupied, used and maintained openly and adversely to defendant *738and his grantors under a claim of right so to do, and that it has so been constructed, maintained and used with the consent of defendant and his predecessors in title; that defendant…
2Cases cited5 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- O'Brien v. DwyerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- Gettinger v. GlasserAppellate Division of the Supreme Court of the State of New York · 1923
- Gilboy v. LennonNew York Supreme Court · 1922
- Coppola v. Di BenedettoAppellate Terms of the Supreme Court of New York · 1926
- McPherson v. KleminAppellate Division of the Supreme Court of the State of New York · 1935
- Terzi v. SaviniAppellate Division of the Supreme Court of the State of New York · 1924
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