Legal Opinion

Davis v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the defendant, James V. S. Davis, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 20th day of February, 1902, upon the decision of the court.

1Opinion of the Court

Willard Bartlett, J.:

On January 9, 1900, the State of Hew York, acting through the Commissioners of Forest, Fish and Game, leased to the defendant a plot of about nine acres of land under water in Jamaica bay, for the purpose of shellfish cultivation. The lease provided that the lessee should at once cause the said ground to be plainly marked by stakes, buoys, ranges or monuments. In April, 1900, there being at that time no visible stakes or monuments to indicate the lessee’s right of possession, the plaintiff, who was then ignorant of the defendant’s lease or claim to any right of possession…

2Cited by4 opinions

  1. Wiegardt v. StateWashington Supreme Court · 1947
  2. Bevelander v. Town of IslipNew York Supreme Court · 1959
  3. Graham v. PurcellAppellate Division of the Supreme Court of the State of New York · 1908
  4. Vroom v. TillyAppellate Division of the Supreme Court of the State of New York · 1904

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