Clark v. Durland — 187 N.Y. 560

Majority

p. 560

Elizabeth Clark et al., Appellants, v. Jesse Durland, Respondent.

Headnote

Clark v. Durland, 104 App. Div. 615 , affirmed.

(Argued January 21, 1907;

decided February 19, 1907.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1905, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to restrain the defendant from trespassing -on a certain lake, the title to a portion of which was put in issue by the answer.

p. 561

J. Newton Fiero, William Vanamee and F. H. Van Houten for appellants.

M. N. Kane and John J. Beattie for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Hiscock and Chase, JJ. Taking no part: Cullen, Ch. J., and Willard Bartlett, J.