Roberts v. . Baumgarten
New York Court of Appeals
Appeal from order of tlie General Term of the Superior-Court of the city of New York, made March 30,1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 19 J. & S. 482.) The nature of the action and the material facts are stated in the opinion. A prior possession, even without any proof of a paper title, will prevail against an intruder.
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Appeal from order of tlie General Term of the Superior-Court of the city of New York, made March 30,1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 19 J. & S. 482.) The nature of the action and the material facts are stated in the opinion. A prior possession, even without any proof of a paper title, will prevail against an intruder. Title in a private person supposes a grant from the state or from the sovereign power. The presumptions founded in possession alone are, therefore, presumptions in favor of such…
1Opinion of the CourtGray, J.
This action was brought to recover the possession of certain lots of land on the southerly side of One Hundred and Seventh street, between Second and Third avenues, in the city of Eew York. Originally the premises in question, under plaintiff’s claim, were covered by Harlem Mill creek, a small body of water connecting with the Harlem river, and in which the tide ebbed and flowed. To the west of where the Third avenue now is, a dam was constructed to collect water for mill purposes, and by means of sluice-ways and connecting ponds the water-power was conducted to a mill east of Third avenue…
2Cases cited1 opinion
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
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