Landon v. Clark
Court of Appeals for the Second Circuit
Appeal from' the District Court of the United States for the Southern District of New York. Suit in equity by Thomas Durland Uandon against Elizabeth Clark and Mary F. Clark. Decree for defendants on cross-bill, and complainant appeals. The plaintiff is a citizen of the state of New Jersey. The defendants are citizens of the state of New York.
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Appeal from' the District Court of the United States for the Southern District of New York. Suit in equity by Thomas Durland Uandon against Elizabeth Clark and Mary F. Clark. Decree for defendants on cross-bill, and complainant appeals. The plaintiff is a citizen of the state of New Jersey. The defendants are citizens of the state of New York. The plaintiff alleges that he is the owner in fee simple and in possession as sole owner of certain lands and water and lands under water in and under what is known as “Wickham’s Pond,” in the town of Warwick, in the county of Orange, and state of New…
1Opinion of the Court
ROGERS, Circuit Judge.
[1] An action was commenced in the Supreme Court of New York in 1893 by the present defendants against the present plaintiff to restrain the latter from trespassing upon Wick-ham’s Pond or Eake. In that action the plaintiffs therein claimed to own the whole pond or lake, and the description set out in that complaint concededly included the whole thereof. The defendants obtained a judgment in their favor, which was reversed in the Appellate Division. 35 App. Div. 312, 55 N. Y. Supp. 14. The claim made upon the appeal that Jesse Durlánd owned to the center of the pond was…
2Cases cited5 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Halsey v. . McCormickNew York Court of Appeals · 1855
- Landon v. ClarkCourt of Appeals for the Second Circuit · 1915
- Clark v. DurlandAppellate Division of the Supreme Court of the State of New York · 1898
- Hall v. . the Whitehall Water Power Co.New York Court of Appeals · 1886
3Cited by1 opinion
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926