Majority
p. 632The People of the State of New York, Respondent, v. The Chateaugay Ore and Iron Company et al., Appellants. (Argued December 4, 1922; decided January 9, 1923.)
Headnote
Real property — title — trespas s — state lands — boundaries.People v. Chaieaugay Ore & Iron Co., 198 App. Div. 173 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 3, 1921, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover damages for trespass and cutting timber upon state lands in township No. 5, Old Military Tract, Clinton county, on lots 130, 171, 190 and 231, as numbered and described in the Hannah Murray map, so called. At the time this action was begun the state owned a block of lots in the southeast corner of this township. The Chateaugay Ore.
p. 633
and Iron Company, defendant, owned a block of lots in this township lying west of and adjoining the state lots at the point where the trespass is alleged to have occurred. The dispute was over the location of the dividing line between these two blocks of lots. The defendants John F. O’Brien and George C. Kellogg cut the timber under contract with the defendant Chateaugay Ore and Iron Company.'
Frank E. Smith and Lewis E. Carr for appellants.
Charles D. Newton, Attorney-General (Benjamin McClung and Claude T. Dawes of counsel), for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cajrdozo, Pound, McLaughlin, Crane and Andrews, JJ.