Champlain & St. Lawrence Rail Road v. Valentine
New York Supreme Court
THIS action was tried before Mr. Justice Hand at the Clinton circuit, in February, 1852, and was brought to recover the possession of a store situated in the town of Champlain. It was commenced in November, 1851. In 1820 (or soon after) one McCollum built the store just upon the margin of Lake Champlain. The testimony was conflicting as to what portion of it was built below high water, and what below low water mark.
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THIS action was tried before Mr. Justice Hand at the Clinton circuit, in February, 1852, and was brought to recover the possession of a store situated in the town of Champlain. It was commenced in November, 1851. In 1820 (or soon after) one McCollum built the store just upon the margin of Lake Champlain. The testimony was conflicting as to what portion of it was built below high water, and what below low water mark. It was admitted that it was built on the north half of lot No. 52 of the Canadian and Nova Scotia Befugee Tract, or just north of what would be a continuation of a line dividing…
1Opinion of the Court
By the Court,
Hand J.
I think the interest conveyed by these grants from the state, of land under water, is such that an action may be brought by the .grantee to recover the possession. ' Ejectment could have been maintained, under our former system, where a right of entry existed, and the interest was tangible, so that possession could be given. (See Jackson v. Buel, 9 John. 298; Jackson v. May, 16 id. 184; Co. Lit. 5; People v. Mauran, 5 Denio, 389 ; Adams on Eject. 18; 2 Bac. Ab. 4, 17; 1 M. & W. 210; 15 Barb. 357, 8.) This is a grant of land under water for certain specific uses and ’…
2Cases cited14 opinions
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
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3Cited by34 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Lincoln v. DavisMichigan Supreme Court · 1884
- Wheeler v. . SpinolaNew York Court of Appeals · 1873
- State Ex Rel. Sprynczynatyk v. MillsNorth Dakota Supreme Court · 1994
29 more not listed; retrieve them via the Exa API.