Burlew v. Hunter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pliebe Burlew, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Cayuga on the 27th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Pliebe Burlew, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Cayuga on the 27th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced March 29, 1895, and the trial was had May 2, 1898. The complaint in this action is in ejectment, to recover a small tract of land, situate in said county, lying between the right of way of the Lehigh…
1Opinion of the Court
Spring, J.:
The real controversy between the parties, within the scope of their pleadings, narrows down to the location of the southerly boundary of defendant’s purchase. In his conveyance the southerly point is at high-water mark, and northerly along the same designated course. The lake -at this place has an uneven boundary, indenting into the land, so that south of the buildings it forms a cove or bayou, and it is contended by the plaintiff that the water extends at high-water mark to the railroad embankment, and that this is, therefore, the southerly limit of the defendant’s possession. The…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
- Ford v. SampsonNew York Supreme Court · 1859
3Cited by6 opinions
- Bauman v. WagnerAppellate Division of the Supreme Court of the State of New York · 1911
- Hydraulic Power Co. v. Pettibone Cataract Paper Co.New York Supreme Court · 1920
- Oelbaum v. WinerNew York Supreme Court · 1913
- Lochte v. CiccarelliAppellate Division of the Supreme Court of the State of New York · 1946
- Picotte v. SmithNew York Supreme Court · 1920
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