Legal Opinion

Moore v. Day

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

Decided December 28, 1921PublishedCited by 28 opinions

Appeal by the defendant, Edmund L. Day, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 10th day of December, 1920, upon the decision of the court rendered after a trial at the Clinton Trial Term without a jury.

1Opinion of the Court

Woodward, J.:

The complaint in this action alleges that on the 15th day of July, 1887, one Nelson Day conveyed to one George W. Baldwin, by deed, certain premises located upon Valcour Island in Lake Champlain, the particular description of which is set forth; that the said Baldwin immediately entered into possession and continued in the ownership of said premises until on or about the 22d day of August, 1910, when he conveyed the same by deed to the plaintiff in this action. Lake Champlain is, of course, a navigable body of water, and as such is a highway which the public has a right to use…

2Cases cited16 opinions

  1. Morgan v. . KingNew York Court of Appeals · 1866
  2. Herman v. . RobertsNew York Court of Appeals · 1890
  3. Wiseman v. . LucksingerNew York Court of Appeals · 1881
  4. Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  5. Heyman v. . BiggsNew York Court of Appeals · 1918

11 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
  2. Pirman v. ConferNew York Court of Appeals · 1937
  3. Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
  4. McQuinn v. TantaloAppellate Division of the Supreme Court of the State of New York · 1973
  5. Jansen v. SawlingAppellate Division of the Supreme Court of the State of New York · 1971

23 more not listed; retrieve them via the Exa API.

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