Legal Opinion

Hayden v. Mathews

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

Decided April 15, 1896PublishedCited by 4 opinions

Appeal by the plaintiff, Henry W., Hayden, from a judgment of the Supreme Court in favor of the défendants, entered in the office . of the-clerk of the county of Warren on the 28th day of September, 1895,-upon the decision of the court rendered after a trial at the Warren Special Term dismissing the plaintiff’s complaint upon the merits, and also from an order entered in said clerk’s office on the 28th day of September, 1895-, granting to the defendants an extra allowance of…

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Appeal by the plaintiff, Henry W., Hayden, from a judgment of the Supreme Court in favor of the défendants, entered in the office . of the-clerk of the county of Warren on the 28th day of September, 1895,-upon the decision of the court rendered after a trial at the Warren Special Term dismissing the plaintiff’s complaint upon the merits, and also from an order entered in said clerk’s office on the 28th day of September, 1895-, granting to the defendants an extra allowance of costs.

1Opinion of the Court

Merwin, J.:

The. plaintiff is the owner of certain premises on the westerly shore of Lake George at Caldwell in Warren county, known as the Mansion House property. The defendants own certain other premises in the same place known as the Fish Pond lot. The plaintiff claims, as a part of his property on the southern side, about four acres which are uninclosed and upon which there are some trees and shrubbery and through which a. small stream runs into the lake, There is now or has been at some time on this four acres.a fish pond. The defendants claim that this fouuacre piece is within the…

2Cases cited4 opinions

  1. Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
  2. Masten v. . OlcottNew York Court of Appeals · 1886
  3. Wallace v. . SwintonNew York Court of Appeals · 1876
  4. Warren v. BuckleyNew York Supreme Court · 1877

3Cited by4 opinions

  1. In re the Estate of AyvazianNew York Surrogate's Court · 1934
  2. Halfmoon Bridge Co. v. . Canal BoardNew York Court of Appeals · 1914
  3. Henderson Estate Co. v. Carroll Electric Co.Appellate Division of the Supreme Court of the State of New York · 1906
  4. Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1904

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