Oakes v. De Lancey
New York Supreme Court
Appeal from circuit court, Westchester county. Action hy Thomas F. Oakes against Edward De Lancey to recover money paid for certain land conveyed by defendant to plaintiff, on the ground that defendant had no title thereto at the time he conveyed: From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtBaeitaed, P. J.
On the 4th of June, 1890, the defendant conveyed to the plaintiff a piece of land said to contain about 221-acres. The land was situated on Long Island ■ sound, and nearly 4 acres of the parcel was between high and low water mark. The land was sold by the acre at public auction, and was sold at a large price, by the acre. The plaintiff objected to the land under water being included in the deed, on the ground that the description did not include it. This claim was made the basis of an action, and it was decided that the land under water was included in the description. Oakes v. De Lancey, 133…
2Cases cited2 opinions
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Oakes v. . DelanceyNew York Court of Appeals · 1892
3Cited by2 opinions
- Smith v. . BartlettNew York Court of Appeals · 1905
- Wilkens v. HammannAppellate Terms of the Supreme Court of New York · 1904