Bergen v. Udall
New York Supreme Court
THE complaint in this case alleged that the plaintiff, Cornelia J. Bergen, was the daughter of the defendant, Richard A. Udall) of his first marriage.
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THE complaint in this case alleged that the plaintiff, Cornelia J. Bergen, was the daughter of the defendant, Richard A. Udall) of his first marriage. That she attained the age of twenty-one years on the 10th day of April, 1857, and was the wife of the other plaintiff, Victor B. Bergen, of the town of Islip, in the county of Suffolk, That the defendant Udall, being the owner of a large tract of land at Islip, lying on the west side of a certain brook called “ the Willis brook,” and she, the said Cornelia, being the owner and well seised in her own right and estate of a farm lying on the east…
1Opinion of the CourtEmott, J.
The right to pond and to fish, which was conveyed to the defendant Bergen by Cornelia J. Udall, was cer*20tainly of some and probably of considerable value. Although there is some discrepancy in the statements or opinions of the witnesses on this point, and some of them consider the damming of the stream and construction of a pond an advantage to the property of the plaintiffs, yet this is not inconsistent with the fact that the owner of the adjoining property would prefer to pay a considerable sum, rather than forego the privileges conferred by this instrument. The conduct of the defendants, at…
2Cases cited1 opinion
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
3Cited by15 opinions
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- Brotherson v. ConsalusNew York Supreme Court · 1863
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