Vroom v. Tilly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Tilly and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 18th day of August, 1903, upon the decision of the court rendered after a trial at the Suffolk Special Term.
1Opinion of the Court
Jenks, J.:
The -plaintiff cultivated oysters on forty acres of land under the waters of Long Island sound, upon the supposition that the tract was within the bounds of lands granted to his licensors for such pursuit by the State. For six years he took out a large quantity of oysters. The defendants had acquired from the State a similar franchise in lands adjacent to those of the plaintiff. In fact the said forty acres were within the bounds of the defendants’ lands, although there was no indication thereof. This fact was ascertained by an official survey obtained by the defendants six years…
2Cases cited3 opinions
- Fleet v. HegehanNew York Supreme Court · 1835
- Post v. . KreischerNew York Court of Appeals · 1886
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Wiegardt v. StateWashington Supreme Court · 1947
- Coos Bay Oyster Cooperative v. State Highway CommissionOregon Supreme Court · 1959